Thomas Downie

Associate

Philadelphia

(215) 988-3329 phone
(215) 988-2757 fax

Thomas S. Downie is an associate in the Life Insurance & Annuities Group.

Practice Areas.  On behalf of major life insurance companies, Tom prosecutes and defends claims arising out of stranger originated life insurance (STOLI)  transactions.  Tom also regularly counsels clients on issues pertaining to business practices, compliance and privacy.  He is actively involved in dealing with issues relating to Medicare compliance and Medicare Set-Asides.  In addition, Tom represents annuity issuers in matters involving the transfer of structured settlement payment rights in courthouses across the country.  On behalf of health, life and disability insurers, Tom defends bad faith and contract actions.  He also counsels an international business software manufacturer, and has represented the company in multi-million dollar commercial litigation matters.

Bar Memberships.  Tom is licensed to practice law in Pennsylvania and is frequently admitted pro hac vice to represent clients in state and federal courts throughout the country.  He is also admitted in the United States District Court for the Eastern District of Pennsylvania.

In General.  Tom received his law degree from Temple University in 2003, where he graduated with several awards, including the Barrister's Award for excellence in trial advocacy.  He received his undergraduate degree in business administration from the University of Delaware in 1994 and went on to receive a M.B.A. from Temple University in 1996, where he graduated with the Dean's Award for Excellence.  Prior to practicing law, Tom operated an insurance agency and was a Certified Insurance Counselor.

Representative Matters

  • Representation of an international software conglomerate in a $1.5 million lawsuit involving the implementation of software solutions;
  • Successful in obtaining multiple summary judgment awards declaring life insurance policies with an aggregate face amount of $17.5 million void for lack of insurable interest on behalf of an insurance company in connection with lawsuits involving STOLI claims;
  • Successful in negotiating the resolution of multiple lawsuits involving STOLI claims on policies with an aggregate death benefit in excess of $130 million;
  • Representation of a life insurance company in a lawsuit involving claims as to the suitability of a variable life insurance product and as to the company's compliance with insurance and securities laws;
  • Sat second chair at a bench trial that resulted in the successful prosecution of a STOLI claim on behalf of a life insurer resulting in the voiding of $20 million in policies and the retention of $1.6 million in premiums;
  • Successful five figure resolution of a lawsuit involving a $4 million claim for death benefits against a life insurance company; and
  • Successful resolution of multiple lawsuits involving breach of contract and bad faith claims against a health insurance company, which collectively exposed the company to monetary claims in excess of $500,000.

Publications

2/2/2011
Structured Settlement Alert
Nevada Federal Court Gives Deference to Medicare's Interpretation of its Priority Right Under the MSP
  • Representation of an international software conglomerate in a $1.5 million lawsuit involving the implementation of software solutions;
  • Successful in obtaining multiple summary judgment awards declaring life insurance policies with an aggregate face amount of $17.5 million void for lack of insurable interest on behalf of an insurance company in connection with lawsuits involving STOLI claims;
  • Successful in negotiating the resolution of multiple lawsuits involving STOLI claims on policies with an aggregate death benefit in excess of $130 million;
  • Representation of a life insurance company in a lawsuit involving claims as to the suitability of a variable life insurance product and as to the company's compliance with insurance and securities laws;
  • Sat second chair at a bench trial that resulted in the successful prosecution of a STOLI claim on behalf of a life insurer resulting in the voiding of $20 million in policies and the retention of $1.6 million in premiums;
  • Successful five figure resolution of a lawsuit involving a $4 million claim for death benefits against a life insurance company; and
  • Successful resolution of multiple lawsuits involving breach of contract and bad faith claims against a health insurance company, which collectively exposed the company to monetary claims in excess of $500,000.