Jarrett E. Ganer - Edison, McDowell & Hetherington LLP

Jarrett E. Ganer practices in the firm’s Houston office. His practice focuses on commercial and financial services litigation, including life, health and disability insurance litigation; ERISA litigation; energy- and construction-related litigation; and business tort litigation. Jarrett has extensive experience litigating matters related to secondary market transactions involving life and annuity products. In cases related to stranger-originated life insurance (STOLI), Jarrett has represented clients in state and federal courts in Texas, California, Connecticut, Delaware, Florida, Illinois, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Rhode Island and Utah.

Jarrett joined Edison, McDowell & Hetherington LLP upon the firm’s formation in January 2009. Before this, he was an associate with Bracewell & Giuliani LLP. Jarrett enjoys spending time with his wife, Loyola, and his German shepherd, Spock. He is an avid movie buff whose prolific purchasing of DVDs earned him the dubious honor of receiving a handwritten thank-you card from Amazon.com. Jarrett also enjoys attending comedy shows and concerts, reading, playing softball, and attending Rice sporting events.

Obtained a critical victory for life insurers in a closely watched case before the Delaware Supreme Court. In answering three certified questions, the Court held that life insurers can contest policies for lack of insurable interest beyond the two-year contestability period and reaffirmed the illegality of STOLI under Delaware law. PHL Variable Ins. Co. v. Price Dawe 2006 Ins. Trust et al., No. 174, 2011(Del. Sept. 20,2011). The opinion was examined in a September 26, 2011 article in the Wall Street Journal and is expected to serve as a landmark decision in the area of insurable interest and STOLI.

In an action to rescind a fraudulently obtained life insurance policy in which the policy owner counterclaimed for bad faith and sought payment of $10 million in death benefits, obtained a significant order entering judgment in favor of the life insurance carrier, rescinding the policy and permitting the carrier to retain premiums paid on the policy, over the objection of the third-party premium finance company. In a published opinion, the Eighth Circuit Court of Appeals affirmed the district court's order, which is considered a significant victory for life insurance carriers in the ongoing effort to curtail fraud and other STOLI abuses. PHL Variable Ins. Co. v. Lucille E. Morello 2007 Irrevocable Trust et al., 645 F.3d 965 (8th Cir. 2011); PHL Variable Ins. Co. v. Lucille E. Morello 2007 Irrevocable Trust et al., No. CV-08-572, 2010 WL 2539755, (D. Minn. Mar. 3, 2010).

In actions in Florida and California to rescind fraudulently obtained life insurance policies, obtained orders denying the defendant’s motions to strike portions of the complaint that sought retention by the carrier of premiums paid. Significantly, the one order expressly rejected contrary holdings in two prior reported decisions from the Central District of California. PHL Variable Ins. Co. v. Clifton Wright Family Ins. Trust, No. 09-CV-2344, 2010 WL 1445186, (S.D. Cal. Apr. 12, 2010).

Obtained dismissal of claims against an insurance carrier in a suit brought by an insured under a policy seeking to hold the carrier liable for negligent issuance of a life insurance policy and vicariously liable for an insurance agent’s misrepresentations.

In an action to compel arbitration, obtained dismissal with prejudice for failure to state a claim upon which relief could be granted. Baylor Univ. Med. Ctr. v. Nippon Life Ins. Co. of Am., CIV.A.3:09CV1496L, 2010 WL 330238 (N.D. Tex. Jan. 28, 2010).

In an action for breach of contract, violation of the Texas Deceptive Trade Practices Act, and fraud, obtained final summary judgment in favor of American General Life Insurance Company. The district court's decision was affirmed by the Texas First Court of Appeals. Evans v. American General Life Insurance Company, No. 01-09-00363-CV, 2010 WL 5117471 (Tex. App. - Houston [1st] Dec. 16, 2010)

In an action for breach of contract, bad faith and violations of the Texas Insurance Code, obtained final summary judgment in favor of Standard Guarantee Insurance Company. Bernard v. Standard Guarantee Insurance Company, No. 1:08-cv-00676 (E.D. Tex. Dec. 11, 2009).

Cross-examined witnesses and obtained denial of transfers objected to by client in dozens of contested hearings regarding attempted transfers of structured settlement payment rights.

“STOLI: Hedging Insurable Interest,” conferences in New York City, Orlando, San Antonio and Indian Wells, California, 2007 and 2008-2010 (with Tom Hetherington and David McDowell).