Ophir Johna represents insurers and health care plans in state and federal courts. He focuses his practice in the areas of life (including STOLI and IOLI actions), health, disability, and long-term care disputes ranging from matters involving bad faith and punitive damage exposure to ERISA-governed litigation. Mr. Johna also has experience in matters involving agent and broker sales practices as well as insurance and annuity suitability.
Mr. Johna has successfully defended insurers, health care plans, and brokers in hundreds of matters and in all phases of litigation, including summary judgment and trial, in both state and federal courts.
Mr. Johna joined Hinshaw & Culbertson LLP in October 2014 as a result of the merger of Hinshaw and the Los Angeles-based firm of Barger & Wolen LLP.
While in law school, Mr. Johna served as a judicial extern to the Honorable Consuelo B. Marshall, Chief Judge, U.S. District Court, Central District of California, as well as to the Honorable Paul Gutman, Presiding Judge, Los Angeles County Superior Court, Northwest District.
- The State Bar of California, Member (2003 – present)
- Advised and represented multiple life, health and disability insurers in high-exposure coverage and bad faith actions in state and federal court
- Successfully eliminated exposure to punitive damages and other extracontractual damages via summary judgment and summary adjudication
- Second-chaired insurance coverage and bad faith jury trials in state and federal court
- Represented insurers in ERISA-governed actions, including handling of motions concerning the applicability of ERISA, the applicable standard of review, and preemption issues
- Obtained multiple summary judgments and appellate court decisions upholding life and health insurers' rescission of coverage based upon material misrepresentations and omissions in the application
- Represented health care service plans and health insurers in a variety of matters, including: claim disputes; medical necessity and experimental treatment disputes; subscriber eligibility disputes; alleged vicarious liability for provider's malpractice; rescission; fraud in procurement of "guaranteed issue" coverage; etc.
- Defended life insurers and annuity companies in numerous cases involving: rescission; lapse and reinstatement; STOLI/IOLI; agent-insured collusion; vanishing premiums; suitability; churning; fraud; forgery; agent misconduct; etc.
- Initiated state and federal interpleader actions on behalf of life insurers in cases involving competing beneficiaries, obtained discharge of clients and award of attorneys' fees and costs, and defended against bad faith counterclaims
- Represented disability and long-term care insurers in matters involving a variety of issues including: "own occupation" and "any occupation"; accident v. sickness; mental/nervous limitation; appropriate care; etc.
- Provided appellate court representation to life, health and disability insurers
"Evaluating a Claim When the Insured Cannot Perform His 'Signature Duty'," Definitive Disability Conference 2, Boston, Massachusetts, October 2015.
J.D., Southwestern University School of Law, 2003
B.A., University of California at Los Angeles, 2000
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California