Lawyer Profile

Gary L. Howard

Bradley Arant Boult Cummings LLP

Recognized Since:

2010
Recognized in:

Insurance Law
Law School:

University of Alabama School of Law
Website:

http://www.bradley.com
Phone:

(205) 521.8595
Location:

One Federal Place

1819 Fifth Avenue North

Birmingham, AL 35203

I have spent my 25 year legal career developing a specialization in risk mitigation, strategic planning, and caseload management. I have defended my clients in class actions, complex litigation, fraud and bad-faith actions, business & lost-profits disputes. mass torts actions, and life, health, disability and long-term care litigation nationwide. I pride myself on knowing each client’s business and on building mutual trust and respect at all levels of my client contacts.I am a proactive leader with a demonstrated track record of successful committee leadership and team building. I am active in and have served as a leader in a variety of organizations, including: Defense Research Institute (DRI); American Bar Association (ABA); Association of Life Insurance Counsel (ALIC); Alabama Defense Lawyers Association (ADLA) and American Council of Life Insurers (ACLI). I have served or am serving as: ABA Life Insurance Law Committee Chair; ABA House of Delegates Member; ALIC Board of Governors and ABA Delegate; DRI Diversity & Inclusion Expo Chair and Diversity Seminar Vice-Chair; DRI Annual Meeting Committee; & DRI State Membership Chair. I have served as an adjunct professor of Civil Procedure and as a speaker and author for DRI, ABA, ACLI, and Institute for Complex Litigation & Mass Actions.

I am admitted to the state bars of Alabama, Florida, Georgia, Tennessee, Texas, Oklahoma, Montana, West Virginia and Kentucky.

I am honored to have been selected to become a member of the International Association of Defense Counsel (IADC). The IADC is an invitation-only association for lawyers and insurance executives who represent corporate and insurance interests around the world.

I am passionate about promoting diversity & inclusion and serve on diversity task forces or committees within DRI, IADC, and Bradley.

I am the proud dad of two golden retrievers named Dolly & Daisy and am a huge Alabama Crimson Tide football fan.

Lawyer Bio

I am admitted to the state bars of Alabama, Florida, Georgia, Tennessee, Texas, Oklahoma, Montana, West Virginia and Kentucky.

I am passionate about promoting diversity & inclusion and serve on diversity task forces or committees within DRI, IADC, and Bradley.

I am the proud dad of two golden retrievers named Dolly & Daisy and am a huge Alabama Crimson Tide football fan.

Education:

University of Alabama School of Law , J.D., graduated 1993
The University of Alabama, B.A., graduated 1989

Bar Admissions:

Alabama, Alabama State Bar Association
District of Columbia, The District of Columbia Bar
Florida, The Florida Bar
Georgia, State Bar of Georgia
Kentucky, Kentucky Bar Association
Mississippi, The Mississippi Bar
Montana, State Bar of Montana
Oklahoma, Oklahoma Bar Association
Tennessee, Tennessee Bar Association
Texas, State Bar of Texas
West Virginia, The West Virginia State Bar

Court Admissions:

United States Supreme Court
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals 7th Circuit
Alabama State Courts
Alabama Supreme Court
U.S. District Court Middle District of Alabama
U.S. District Court Southern District of Alabama
U.S. District Court Northern District of Alabama
U.S. District Court Eastern District of Arkansas
U.S. District Court Western District of Arkansas
District of Columbia Courts
Florida State Courts
U.S. District Court Middle District of Florida
U.S. District Court Northern District of Florida
U.S. District Court Southern District of Florida
Georgia State and Superior Courts
Georgia Supreme Court
Georgia Court of Appeals
U.S. District Court Northern District of Georgia
Kentucky State Courts
United States District Courts for Eastern & Western Districts of Kentucky
Mississippi State Courts
United States District Courts for the Northern & Southern Districts of Mississippi
Montana State Courts
United States District Court for the District of Montana
Oklahoma State Courts
Oklahoma Supreme Court
United States District Court for the Northern & Western Districts of Oklahoma
Tennessee State Courts
United States District Courts for the Eastern, Middle & Western Districts of Tennessee
Texas State Courts
United States District Courts for the Eastern, Northern, Southern & Western Districts of Texas
West Virginia State Courts
West Virginia Supreme Court of Appeals
United States District Courts for the Northern & Southern Districts of West Virginia

Affiliations:

Alabama Defense Lawyers Association - Member
American Bar Association/Torts Trial Insurance Practice Section - Chair Elect--Distance Learning Committee
American Bar Association/Torts Trial Insurance Practice Section - CLE Committee
American Bar Association/Torts Trial Insurance Practice Section - Immediate Past Chair--Life Insurance Law Committee
American Council of Life Insurers - Member
Association of Life Insurance Counsel - Member
Defense Research Institute - Member

Recognized in The Best Lawyers in America for work in:

Insurance Law

Awards:

Martindale Hubbell® AV Preeminent Rated
Listed in Mid-South Super Lawyers, Insurance Coverage
Invited to be a member of the Association of Life Counsel (ALIC)
Invited to be a member of the International Association of Defense Counsel (IADC)
Listed in Alabama Super Lawyers, Insurance Coverage

Areas of Expertise:

Bad Faith
Class Actions
Defense
Dispute Resolution

Additional Information:

Areas of Concentration

Complex Litigation
Business Litigation
Class Actions
Regulatory Advice
Contract Review/Advice
Life, Health & Disability Insurance Litigation
ERISA Litigation
Lost Profits Litigation

Lawyer Client Comments

Lawyer Practice Areas

Key:

Firm Details

View Firm Profile

Bradley Arant Boult Cummings LLP

http://www.bradley.com

Headquarters

One Federal Place

1819 Fifth Avenue North

Birmingham, AL 35203

(205) 521.8000

10 Office Locations

in 1 Country

United States

Alabama

Huntsville, AL

200 Clinton Avenue West, Suite 900

Huntsville, AL 35801-4900

United States

(256) 517.5100

Get Directions

Montgomery, AL

RSA Dexter Avenue Building, Suite 9075

445 Dexter Avenue

Montgomery, AL 36104

United States

(334) 956.7700

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District of Columbia

Washington, DC

1615 L Street, NW, Suite 1350

Washington, DC 20036

United States

(202) 393.7150

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Florida

Tampa, FL

100 North Tampa Street, Suite 2200

Tampa, FL 33602

United States

(813) 559.5500

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Mississippi

Jackson, MS

One Jackson Place, Suite 400

188 East Capitol Street

Jackson, MS 39201

United States

(601) 948.8000

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North Carolina

Charlotte, NC

Hearst Tower, Suite 3700

214 North Tyron Street

Charlotte, NC 28202

United States

(704) 338.6000

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Tennessee

Nashville, TN

Roundabout Plaza, Suite 700

1600 Division Street

Nashville, TN 37203

United States

(615) 244.2582

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Texas

Dallas, TX

4400 Renaissance Tower

1201 Elm Street

Dallas, TX 75270

United States

(214) 939.8700

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Houston, TX

JPMorgan Chase Tower, Suite 4800

600 Travis Street

Houston, TX 77002

United States

(713) 576.0300

Get Directions

Lawyer Case History

Shields v. Washington Nat. Ins. Co., 375 F.Supp.2d 1346 (M.D. AL 2005)

Insurance Litigation

Henderson v. Washington Nat. Ins. Co., 454 F.3d 1278 (11th Cir. 2006)

Insurance Litigation

Reginald Martin Agency, Inc. v. Conseco Medical Ins. Co., 478 F.Supp.2d 1076 (S.D. Indiana 2007)

Insurance Litigation

Williams v. Conseco, Inc., 57 F.Supp.2d 1311 (S.D. Alabama 1999)

Insurance Litigation

Yates v. Bankers Life & Cas. Ins. Co., 720 F.Supp.2d 809 (W.D. Kentucky 2010)

Litigation

Knowlton v. Bankers Life & Cas. Co., 882 F.Supp.2d 129 (D. Maine 2012)

Litigation

McFarlin v. Conseco Services, LLC, 381 F.3d 1251 (11th Cir. 2004)

Litigation

Barron v. Bankers Life & Cas. Co., 288 F.R.D. 187 (W.D. Tennessee 2012)

Litigation

Knowlton v. Shaw, 791 F.Supp.2d 220 (D. Maine 2011)

Litigation

Ex parte Morgan County Commission, 6 So.3d 1145 (Ala. 2008)

Litigation

Williamson v. Indianapolis Life Ins. Co., 741 So.2d 1057 (Ala. 1999)

Litigation

Figueroa v. Merscorp, Inc., 766 F.Supp.2d 1305 (S.D. Florida 2011)

Litigation

Ex Parte Wisconsin Physicians Service Ins. Corp., 800 So.2d 588 (Alabama 2001)

Litigation

In re Philadelphia Life Ins. Co. Sales Practices Litigation, 149 F.Supp.2d 937 (2001)

Class Action Litigation

Langendorf v. Conseco Senior Health Ins. Co., 590 F.Supp.2d 1020 (N.D. Illinois 2008)

Class Action Litigation

Paine v. Jefferson Nat. Life Ins. Co., 594 F.3d 989 ( 8th Cir. 2010)

Obtained summary judgment on behalf of our client in a case where plaintiffs alleged breach of multiple insurance contracts by treating payments as loans, thereby allegedly miscalculating the values of the policies. In addition to breach of contract claims, the case involved allegations of fraud, bad faith, and deceptive trade practices. The case is currently on appeal to the Eighth Circuit.

Mollica, et al. v. Conseco Insurance Company, et al., 2:07-cv-1753-IPJ (N.D. Ala. Jan. 21, 2009)

Obtained summary judgment on all claims, including promissory fraud, fraudulent misrepresentation, fraudulent suppression, negligence, wantonness and quantum meruit, in a case in which several agents alleged, among other things, that our client had made various misrepresentations in connection with the rollout of a new universal life insurance product.

Lloyd M. Stokes v. Conseco Life Insurance Company 1:00-cv-749 (S.D. Ala. filed 2000) April 5, 2002

Obtained summary judgment in insurance company’s favor on all of plaintiffs’ tort claims, which included fraudulent misrepresentation, fraudulent suppression, outrage, bad faith, conversion, negligence and wantonness, in a life insurance dispute in which the plaintiffs sought more than $20 million in damages. A settlement on plaintiffs’ one remaining claim for breach of contract was then reached.

Derks v. Conseco Senior Health Insurance Company, et al., 6:06-cv-49 (D. Mont. filed 2006)

Obtained an early resolution in a high profile dispute in Montana that garnered national attention and was featured prominently in a report by the New York Times. The case involved a sympathetic elderly plaintiff who filed suit against the company for the alleged failure to pay benefits under her long term care policy. With copious attention in recent years to the long term care industry, this early resolution allowed our client to avoid any further negative press.

Danny Aycock, et al. v. Bankers Life and Casualty Company, et al., CV 2004-91 (Circuit Court of Lauderdale County, Ala. 2004)

Successfully consolidated two class action lawsuits alleging our client’s agent accepted applications and premiums but never submitted either to the company at any time. All class action allegations were struck from the complaint and the cases were sent to arbitration. All claims were resolved with contribution from the agent.

Other Court Admissions

United States Supreme Court
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals 7th Circuit
Alabama State Courts
Alabama Supreme Court
U.S. District Courts for Northern, Middle & Southern Districts of Alabama
U.S. District Courts for Eastern & Western Districts of Arkansas
District of Columbia Courts
Florida State Courts
U.S. District Courts for Northern, Middle & Southern Districts of Florida
Georgia State & Superior Courts
Georgia Court of Appeals
U.S. District Court for Northern District of Georgia
Kentucky State Courts
U.S. District Courts for Eastern & Western Districts of Kentucky
Mississippi State Courts
U.S. District Courts for Northern & Southern Districts of Mississippi
Montana State Courts
U.S. District Court for District of Montana
Oklahoma State Courts
Oklahoma Supreme Court
U.S. District Courts for Northern & Western Districts of Oklahoma
Tennessee State Courts
U.S. District Court Eastern, Middle & Western Districts of Tennessee
Texas State Courts
Texas Supreme Court
U.S. District Courts for the Eastern, Northern, Southern & Western Districts of Texas
West Virginia State Courts
West Virginia Supreme Court of Appeals
U.S. District Courts for the Northern & Southern Districts of West Virginia