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Robert Luft

Robert S. Luft, Esq.

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Case Manager
Lindsay Andersen
T: 408-346-0732
F: 408-295-5267
160 W. Santa Clara St. , Suite 1600 , San Jose , CA 95113
Robert Luft was a trial lawyer and partner with Ropers Majeski, a prominent insurance litigation firm, for 40 years before becoming a full-time mediator and arbitrator. During his years as a trial lawyer, Mr. Luft handled and/or tried first and third party insurance claims, death, disability coverage, landslide, construction defect, primary and excess insurance, additional insured endorsements, uninsured and underinsured insurance, bad faith, duty to defend, and various coverage dispute matters. Drawing upon his four decades of practical experience, Mr. Luft is extremely adept at mediating insurance coverage claims and bad faith disputes.

Representative Matters

  • Employment
    • Conducted a successful settlement conference of claims of breach of employment agreement and employment discrimination
  • ERISA Long-Term Disability
    • Successful mediation of claims for denial of long-term disability benefits; denial based on plan’s Mental Illness & Substance Abuse limitation of twenty-four months of benefits
    • Successfully mediated through follow-up the claims for denial of short-term and long-term benefits on basis claimant was not disabled from her regular occupation by multiple medical problems
    • Successful mediation of claim for denial of long-term disability benefits for knee arthritis as not disabled from “any occupation”
    • Successfully mediated through follow-up a claim by public entity employee from unjustified denial of “any occupation” disability benefits, bad faith, intentional infliction of emotional distress, and punitive damages. Alleged disability from carpal tunnel syndrome and fibromyalaga
    • Successfully mediated through follow-up a claim by investment sales representative for wrongful denial of disability payments following auto accident and neurological injury on grounds that the claimant not “totally disabled” from her occupation
    • Successful mediation of claim for denial of long-term disability benefits based on ability to perform regular occupation with headaches and central nervous system dysfunction
    • Successful mediation of race and national origin discrimination claim under Fair Employment Housing Act against owner of mobile home park
    • Successful mediation of wrongful denial of total disability claim based on lupins syndrome and retinal venois occlusion
  • Indemnity Contract
    • Arbitrated claim for defense fees and costs incurred in defense of wrongful death and bodily injury claims arising out of automobile accident and based on indemnity and insurance contracts
    • Mediation and follow-up of claim brought by a healthcare provider against an insurance broker for failure to provide appropriate reinsurance for large capitated healthcare claim
    • Successfully mediated claim by clothier against insurance carrier for failure to pay business losses caused by loss of customer data base following computer failure
    • Successfully mediated claim for settlement payments, defense fees, and costs based on indemnity agreements, and additional insured endorsements in multi-party case for wrongful death and bodily injury arising out of food contamination
  • Title Insurance
    • Conducted neutral evaluation of claims of coverage under title insurance policy by property owner; interpretation of policy terms of exclusion and easement issues
  • Panelist and lecturer on healthcare law; relationships and liability risks between Managed Care Organizations (MCOs) and payers, subscribers and providers; Utilization Review
  • Panelist on Mediation Panel of Monterey County Superior Court
  • Northern California Super Lawyer, San Francisco Magazine, 2006, 2007, 2008, and 2009
  • Listed in Best Lawyers of America and San Jose Magazine under Silicon Valley’s Best Medical Malpractice Lawyers and Northern California Super Lawyers
  • Appointed to the State Bar of California's Alternative Resolution Committee, 2006-2009
  • Elected to Fellow of the International Society of Barristers
  • Member of American Board of Trial Advocates, American Health Lawyers Association, California Medical-Legal Committee, The Mediation Society, California Society for Healthcare Attorneys, and American Bar Association
  • Attended over 140 hours of intermediate, advanced, and specialized mediation and arbitration training
  • Partner/Director, Ropers, Majeski, Kohn & Bentley, Redwood City and San Jose, CA, 1964-2004
  • L.L.B., Hastings College of Law, 1964; Associate Editor, Hastings Law Journal
  • B.A., History, University of South Carolina, 1958
  • Capt. USMCR, Active Duty 1958-1961; Reserves 1961-1966

Counsel Comments


    "Thank you again for mediating my case ... you were professional, yet friendly and approachable at the same time ...
    I appreciate your sharing your point of view and experience with us in a very difficult attempt to come to an agreement ..."

    - Unsolicited note from a plaintiff in a successful mediation

    "Thank you for your considerable efforts in assisting the parties to settle this case. My client was very appreciative of your taking a good deal of your time to understand the issues and assist the parties in resolving their differences."

    - SF Bay Area attorney
    --

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