Adrienne Publicover, Esq. is a highly effective mediator and arbitrator at JAMS who handles matters involving insurance, ERISA claims, employment, landlord tenant, personal injury and healthcare.

Having mediated insurance and ERISA claims nationwide, Adrienne has extensive experience handling matters involving claims for benefits under group life, disability, accidental death insurance policies, union pensions and benefit funds. Adrienne utilizes technology and videoconferencing to help resolve matters where parties are located across the US.

Adrienne’s clients extol her ability to quickly create rapport with parties to achieve results. With 25 years of litigation experience, Adrienne brings a solution-driven style and the ability to forge personal connections in often sensitive and contentious cases. Regarded by clients as an empathetic listener, Adrienne works to understand parties’ goals and what they hope to achieve within the ADR process. With her intimate knowledge of the decision-making process within insurance companies, Adrienne is able to assess the strengths and weaknesses of each case to reach a deal with all parties.

As a trained Title IX external adjudicator for colleges, Adrienne has served as a hearing officer for administrative hearings involving allegations of sexual misconduct, sexual harassment and dating violence.

Adrienne has embraced virtual ADR and the use of videoconferencing tools such as Zoom. After conducting more than 100 virtual mediations over the years, Adrienne notes that virtual ADR can be just as effective as in-person ADR sessions.

Prior to joining JAMS, Adrienne counseled domestic insurers and brokers, as well as the London market, in litigation matters in state and federal courts throughout the country.

Representative Matters

• Additional ADR Experience & Qualifications
• Appointed by Superior Court as Discovery Referee to resolve all discovery disputes
• Appointed as panel mediator by the U.S. District Court for the Central District of California and the Department of Fair Employment and Housing
• Appointed as panel arbitrator by the American Health Lawyers Association
• Business Commercial
• Successfully mediated numerous banking disputes involving allegations of unauthorized account activity and wrongful foreclosure
• Resolved numerous commission disputes between insurers and their general agents
• Resolved contractual disputes between professionals, including physicians, dentists and veterinarians
• Resolved a variety of contractual and tort claims involving commercial business owners, including trade secrets, libel and slander, interference with contractual relations, and unfair competition claims under Business & Professions Code Section 17200
• Resolved modal premium class action involving claims for breach of contract, failure to disclose material facts and breach of the implied covenant of good faith and fair dealing
• Resolved claims of contractual indemnity between insurer and bank, involving managing general agency relationship
• Employment Law
• Resolved various wrongful termination and discrimination claims, including allegations of retaliation
• Resolved various wage claims, including the alleged misclassification of employees and failure to provide rest periods
• Mediated case involving wrongful termination due to the request for Family and Medical Leave Act 
• ERISA
• Successfully mediated numerous ERISA matters nationwide involving claims for benefits under group life, disability, and accidental death insurance policies
• Successfully mediated claims by or against union pension and benefit funds
• Successfully mediated claims of current/former employees concerning pension benefits
• Successfuly resolved various class actions involving ERISA plans
• Health Care
• Arbitrated and mediated a multitude of managed care disputes between providers and payors, including claims of fraud, determination of applicable plan provisions, and application of stop-loss coverage
• Arbitrated and mediated numerous first party bad faith claims arising over benefit entitlement disputes, including issues of experimental treatment and medical necessity
• Resolved long term care disputes involving skilled nursing facilities, assisted living facilities and continuing care communities. Cases involved allegations such as elder/dependent adult abuse and neglect, negligence, medical staff issues, wrongful death, violation of patient rights, fraud, and breach of contract 
• Mediated various benefit disputes involving group plans and arising under The Employee Retirement Income Security Act (ERISA)
• Resolved numerous claims involving international travel medical insurance
• Higher Education & Title IX
• Trained as a Title IX external adjudicator for colleges 
• Handled  numerous administrative hearings involving allegations of sexual misconduct, sexual harassment, and dating violence 
• Insurance
Insurance

• Agents and Broker
  • Arbitrated and mediated numerous disputes involving claims of “selling away”
  • Handled several FINRA matters
  • Resolved a variety of cases involving claims of agent and broker negligence and fraud in the context of various types of first party-insurance coverage, including financial products and property coverage
  • Resolved dispute between insurers and managing general agency of improperly recruiting agents, including claims of misrepresentation and use of confidential information
• First Party
  • Successfully mediated a multitude of bad faith life and disability insurance lawsuits
  • Resolved matter involving bad faith denial of mental health benefits 
  • Resolved various matters involving long term care insurance, including claims of fraud and misrepresentation
  • Resolved all manner of disputes concerning personal accident insurance, including repatriation claims, travel accident, and high end disability
  • Resolved various first party property claims arising out of fires, floods and other storm damages
  • Resolved coverage disputes involving damage to personal property, including watercraft
  • Resolved disputes involving business interruption coverage
• Third Party
  • Resolved numerous sports and recreational activity personal injury cases concerning equestrian events, hang gliding, ATVs, and zip lines
  • Resolved various other third party insurance matters involving a variety of personal injuries ranging from orthopedic to complex neurological claims
• Coverage
  • Resolved numerous coverage disputes involving issues arising under CGL, Property, D&O, and EPL insurance policies
• Personal Injury
• Resolved numerous personal injury claims arising out of sports and recreational activities, including equestrian events, hang gliding, ATVs and zip lines
• Resolved various cases involving life-altering brain and burn injuries
• Resolved several personal injury matters occurring at gun ranges and fitness centers
• Resolved numerous construction and worksite injury matters
• Resolved various other third party insurance matters involving a variety of personal injuries ranging from orthopedic to complex neurological claims
• Resolved matter involving alleged sexual battery 
• Resolved matter involving slip and fall injury claim
• Real Property
• Successfully mediated disputes involving a variety of landlord-tenant issues, including claims of habitability, wrongful eviction/retaliatory eviction, breach of contract, breach of the covenant of quiet enjoyment, and San Francisco and Alameda Rent Ordinance violations 
• Resolved various hostile boundary disputes between adjacent property owners, including easement issues 
• Resolved numerous matters involving residential real estate sales contracts 

Honors, Memberships, and Professional Activities

Memberships

• Licensed to practice law in California and Texas (inactive), as well as various federal courts
• Fellow, College of Commercial Arbitrators
• California Society of Healthcare Attorneys (CSHA)
• American Health Lawyers Association (AHLA)
• Association of Life Insurance Counsel (ALIC)

Selected Lectures and Speaking Engagements

• “Fraud:  The $100B Problem that Affects Us All,” ABA Insurance Coverage Litigation Committee Seminar, 2018
• “Tell Me Lies:  Advanced Strategies for Dealing with Fraud,” CLM Annual Conference 2017
• “Successfully Mediating Insurance Cases (I and II),” United Policyholders Webinar Series
• "California Fair Claims Settlement Practices Regulations", Lloyds London Market Association, 2011-2016
• “The Affordable Care Act:  Employer’s Top Questions,” Wilson Elser Annual Employment Law Summit, 2015
• “ERISA: Identification & Implications”, presented to various London syndicates, 2015
• “Pick Your Poison:  Venue, Removal & Judicial Hellholes,” presented to various London syndicates, 2015
• “Litigating Disability Claims," ACI Conference, 2012, 2013, 2014, 2015
• "Life Insurance Case Law Update," DRI Life, Health, Disability & ERISA Conference, 2012
• "Life Insurance Case Law Update," Eastern & Western Claims Conferences, 2006-2016

Selected Publications

• “Open Enrollment,” Business Insurance, October 2014
• “ERISA Insights,” Lawyer Monthly, January 2014
• “Female Powerbrokers,” Law 360, January 2014

ADR Profiles

• "Sweet Spot," Daily Journal, ADR Profile, October 6, 2017

Background and Education

• Attorney, Wilson Elser, 2005-2016
• Equity Partner, 2005-2016
• Managing Partner, Houston office, 2015
• Chair, Life, Health, Disability & ERISA practice team, 2006-2016
• Chair, Benefits Committee, 2013-2016
• Member, Executive Committee, 2012-2016
• Member, Partner Compensation Committee, 2013-2016
• Member, Lateral Hiring Committee, 2010-2016
• Pepperdine, Straus Institute of Dispute Resolution, Mediating the Litigated Case, January 2016
• J.D., University of California, Davis, King Hall School of Law, 1992
• B.S., with honors, University of California, Berkeley, 1989