Overview

James E. DelBello is a litigation attorney in Holland & Knight's Philadelphia office who focuses on resolving a variety of complex litigation matters, including contract and licensing disputes, class actions, product liability, and mass and toxic torts matters, with an emphasis in the insurance and technology industries.

Mr. DelBello works extensively with life insurance and financial services companies on all legal and compliance issues, including product and rate filings, rule changes, general state insurance regulatory, the Employee Retirement Income Security Act of 1974 (ERISA), federal securities regulation. He represents clients in all investigations, examinations and enforcement actions before both state insurance departments and securities departments, as well as before the U.S. Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA) and the U.S. Department of Labor (DOL).

Mr. DelBello frequently serves as lead counsel in high-stakes bench and jury trials in state and federal courts across the country. He represents financial services and insurance companies in class actions and other commercial disputes involving allegations ranging from alleged fraud and breach of contract in the sale of annuity contracts and life insurance policies to failure to properly pay death benefits, improper denials of coverage for out-of-network benefits and failure to provide statutory coverage for substance abuse treatment.

Previously, Mr. DelBello served as head of business law and compliance and senior vice president at a large public insurance and financial services company, giving him extensive, wide-ranging knowledge of the issues companies face, especially the impact of complex business issues as well as adopting and complying with emerging regulatory changes. He has managed market conduct examinations and enforcement actions, both individually and on a multistate basis, including all 50 state insurance departments and treasury departments. He also has advised insurance industry clients on the DOL fiduciary rule.

In addition, Mr. DelBello worked as a judicial intern for the Honorable Stephen J. McEwen, Jr. at the Superior Court of Pennsylvania.

Experience

  • Represented a health insurer in nationwide ERISA and Racketeer Influenced and Corrupt Organizations Act (RICO) class actions involving allegations of improper denials of coverage for out-of-network benefits
  • Represented a health insurer in putative class action brought by subscribers and treatment facilities claiming breach of contract, bad faith insurance practices and violation of Pennsylvania's consumer protection law regarding policies regarding substance abuse treatment claims
  • Represented a life insurance company in claims involving alleged fraud and breach of contract by agents relating to the sale of whole life policies with a "vanishing premium"
  • Represented a life insurance company regarding the payment of death benefits to the allegedly incorrect beneficiary
  • Represented a reinsurance agent in claim for brokerage fees owed after the coverage was placed and the client changed to a new broker to service the account
  • Represented a policyholder airline in the Legion Insurance liquidation in a case of first impression before the Pennsylvania Supreme Court involving direct access to reinsurance for claims arising from the September 11 tragedy
  • Represented a policyholder media company in the Reliance Insurance liquidation in claims for direct access to reinsurance
  • Represented a valve manufacturing company in wrongful death and survival claims resulting from exposure to asbestos containing products

  • Represented an electronics company in wrongful death and survival claims arising from exposure to benzene-containing products
  • Represented an industrial equipment manufacturing company in a product liability case alleging the failure of water metering systems
  • Represented a construction materials manufacturing company in class actions involving personal injury and property damage claims arising from drywall products

  • Represented an international software company in cases involving the licensing, implementation and functionality of enterprise business software; these cases involve issues concerning the development of industry-specific functionality for customers in the waste and recycling, retail and pharmaceutical distribution industries, as well as benchmarking and throughput capacity of software used in high-volume applications
  • Represented a technology consulting firm in arbitration before the American Arbitration Association in a dispute involving a $2 billion outsourcing services agreement

Credentials

Education
  • Villanova University Charles Widger School of Law, J.D.
  • University of Pennsylvania, B.A.
Bar Admissions/Licenses
  • New Jersey
  • Pennsylvania
Court Admissions
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Third Circuit

Publications

News