Charles J. Vinicombe

charles.vinicombe dbr.com
Phone: (609) 716-6562
Fax: (609) 799-7000

About

Charles J. Vinicombe represents clients in insurance matters and commercial litigation.

Charles has prosecuted and defended claims arising out of stranger originated life insurance (STOLI) transactions and defended insurance companies in complex claims and coverage actions. He has counseled insurance clients on underwriting, claims and marketing practices. He has also represented clients in complex commercial litigation.

Experience

Charles has more than 25 years of experience representing clients in litigation matters and counseling clients. His representative matters include:

  • Establishing the right of life insurers to make post­contestable challenges to STOLI policies based upon lack of insurable interest.
  • Denial of numerous motions seeking to dismiss STOLI and/or misrepresentation claims by insurance companies.
  • Obtaining summary judgment for life insurers on medical misrepresentation claims rescinding policies including, for example, Bhakta v. Hartford Life and Annuity Ins. Co., 2015 U.S. Dist. LEXIS 26508 (C.D. Cal. Mar. 3, 2015).
  • Reversal on appeal of a summary judgment order compelling an insurer to refund $5 million in premiums on STOLI policies, as reported in Wuliger v. Manufacturers Life Ins. Co., 567 F.3d 787 (6th Cir. 2009).
  • Defense on summary judgment of a receiver’s claim seeking to obtain a premium refund on a STOLI policy, as reported in Wuliger v. Reassure Am. Life Ins. Co., 2011 U.S. Dist. LEXIS 19391 (N.D. Ohio 2011).
  • Defense on summary judgment of a $40 million RICO claim against a life insurance and annuity company, as reported in Luzerne County Ret. Bd. v. Makowski, 627 F. Supp. 2d 506 (M.D. Pa. 2007).
  • Defense through appeal of a $500 million claim against an investment company as reported in Nemelka v. Questor Management Co., LLC. 36 N.Y.S. 2d 598 (2007) and Nightwatch Capital Group v. Questor Management Co., LLC, 2011 Mich. App LEXIS (2011).
  • Defense on summary judgment of a $10 million title insurance claim against a reinsurance company, as reported in RTC Mort. Trust 1994 N­1 v. Fidelity Nat’l Title Ins. Co., 58 F. Supp. 2d 503 (D.N.J. 1999).
  • Defense on appeal of the lien rights of a workers compensation insurance company, as reported in Ohio Cas. Group v. Owens, 392 S.E.2d 647 (N.C. App. 1990).
  • Resolution of a lawsuit seeking $65 million in damages arising out of retroactive capitation payments in connection with the acquisition of a health maintenance organization.
  • Resolution of a lawsuit involving environmental claims against an insurance company in connection with over 100 waste sites located in 25 states.
  • Resolution of consumer class action claims in excess of $50 million against a bank.
  • Defense through appeal of a lender liability claim against a financial institution.
  • Defense on summary judgment of a $100 million environmental contract dispute for a defendant industrial seller.

Credentials

Bar Admissions

  • New Jersey

Education

  • Wake Forest University School of Law, J.D., 1987, Law Review
  • Seton Hall University, B.A., 1984, summa cum laude

Organizations

  • American Bar Association, Litigation Section
  • New Jersey Bar Association
  • Arbor Glen Continuing Care Retirement Community (Past Board Director)
  • Jaycees