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Andrew G. Jubinsky Practice Overview

AV® Preeminent
    Andrew
    G.    Jubinsky Headshot

Mr. Jubinsky is one of the founding attorneys of Figari + Davenport. He has tried over 50 cases in federal and state courts and arbitrations, including business and insurance cases, and has been involved in over 200 reported opinions. Mr. Jubinsky was recognized by the Dallas Business Journal as one of the 10 top litigators in the Dallas-Fort Worth area, has been named one of America's Top 100 Civil Defense Litigators, and has been selected by his peers in The Best Lawyers in America in the area of Bet-the-Company Litigation.

Over the past 30 years, Mr. Jubinsky has amassed extensive experience in complex life, health, and disability insurance, financial services matters, and healthcare payor/provider disputes. As this area of the law has become more sophisticated and highly regulated, Mr. Jubinsky’s continuing involvement, knowledge, and industry-wide reputation has helped to establish Figari + Davenport as a recognized leader in high stakes insurance litigation. Mr. Jubinsky represents clients on a national, regional, and state-wide level in state and federal courts, including class action and multi-district litigation, as well as arbitrations before the AAA and AHLA tribunals.

Mr. Jubinsky also represents clients in business and commercial litigation, non-competition, trade secret and employment lawsuits, agent disputes, franchise disputes, premises liability and personal injuries, real estate disputes, and consumer product litigation. Mr. Jubinsky has been repeatedly selected by his peers in The Best Lawyers in America in the areas of Commercial Litigation and Real Estate Law. He served as lead counsel for the nation's leading digital satellite television service provider in the prosecution of several hundred lawsuits in Dallas and Fort Worth alleging the interception and decryption of satellite communications.

Mr. Jubinsky’s clients include companies of all sizes, publicly traded and privately held, including Fortune 10 and Fortune 500 companies. Mr. Jubinsky is accessible to his clients and responsive to their varying needs, and is always cognizant of costs and maintaining efficiency, which is much appreciated by his longstanding client base.

Highlights

  • Significant rulings in the past decade as lead counsel for insurance clients include: ACS Primary Care Physicians Southwest, P.A. v. UnitedHealthcare Insurance Company, --- F. Supp.3d --- , 2021 WL 235177 (S.D. Tex. 2021) (dismissing PPO emergency care statute claim as completely preempted by ERISA and quantum meruit claim); McGuire v. Golden Rule Insurance Company, 2020 WL 6891411 (Dist. Court D. Ariz.2020) (dismissing unjust enrichment claim); UnitedHealthcare Insurance Company, et al, v. Mission Toxicology, LLC, et al, --- F. Supp.3d ---, 2020 WL 6491662 (Dist. Court W.D. Tex. 2020 (summary judgment dismissing out-of-network labs’ $50M ERISA benefits claims for failure to exhaust administrative remedies and rejecting labs’ futility exception); Marco Z. v. UnitedHealthcare Insurance Company, 2020 WL 6492921 (W.D. Tex. 2020) (dismissing state law and statutory claims based on ERISA conflict preemption, and rejecting provider arguments characterizing claims as “rate of payment” dispute or that 29 U.S.C. 1024 requires a plan administrator to furnish a copy of the administrative record or be subject to daily statutory penalty); Wilson v. Virtual Benefits Group, Inc, 2020 WL 870234 (W.D. Okla. 2020) (dismissing vicarious liability claims against insurer); CHG Hospital Houston v. Blue Cross Blue Shield of Texas, a Division of Health Care Service Corporation, Case 4:20-cv-00718 (Dist. Court S.D. Tex. 2020) (motion to compel arbitration granted, rejecting provider claims that arbitration clause violates 15 U.S.C. 1012 and does not delegate arbitrability of disputes to arbitrator); Stegall v. TML Multistate Intergovernmental Employee Benefits Pool, Inc, 2019 WL 4855226 (Dallas Court of Appeals 2019) (affirming plea to the jurisdiction that claims administrator of self-insured intergovernmental risk pool entitled to governmental immunity); UnitedHealthcare Insurance Company, et al, v. Mission Toxicology, LLC, et al, 2018 WL 2222854 (Dist. Court W.D. Tex. 2019)(dismissing non-ERISA benefits claims for lack of standing, dismissing ERISA claim for failing to identify terms and provisions of plan at issue, and dismissing ERISA fiduciary duty and denial of full and fair review claim); ACS Primary Care Physicians Southwest, P.A. v. UnitedHealthcare Insurance Company, Case No. 1:19-cv-00548-RP (Dist. Court W.D. Tex. 2019) (rate of payment/right of payment distinction to ERISA preemption inapplicable to out-of-network providers with no independent provider agreement and separate fee schedule); United HealthCare Services, Inc. v. Next Health, LLC, 2018 WL 3520429 (Dist. Court N.D. Tex. 2018) (Rule 12(e) motion granted requiring provider to amend claims spreadsheets to identify policy and representative plan terms at issue), 2019 WL 1426256 (ordering provider to identify specific assignment of benefits language), and Case No. 3:17-cv-00243-S-BT [Doc. 274] (dismissing out-of-network labs’ $186M ERISA benefits claims with prejudice for failure to comply); Sky Toxicology v. UnitedHealthcare Insurance Company, et al, 2018 WL 4211742 (Dist. Court W.D. Tex. 2018) (dismissal of labs’ state law claims based on ERISA); Zeefe v. American Heritage Life Insurance Company, 2016 WL 1595380 (Dist. Court E.D. Kentucky 2016) (dismissing agent’s federal and state anti-retaliation claims for failure to exhaust administrative remedies); Johnson v. UnitedHealthcare of Texas, Inc., 2016 WL 929324 (Dist. Court W.D. Tex. 2016) (summary judgment that insurer did not abuse its discretion in denying plaintiff’s claim for benefits); South Texas Health System v. Care Improvement Plus of Texas Ins. Co., 2016 WL 526374 (Dist. Court S.D. Tex. 2016) (summary judgment that Medicare claims preempted by federal law, and provider unable to recover statutory penalties under the Texas Prompt Pay Act for late paid claims); American Heritage Life Ins. Co. v. Morales, 159 So.3d 160 (Fla. App. 3 Dist. 2015) (summary judgment that alcohol exclusion under an accidental death policy applies when insured’s intoxication contributes to his death, and does not require the intoxication to be the sole cause of the accident); McAllen Anesthesia Consultants, P.A. v. United Healthcare Services, Inc., 2015 WL 9257154 (Dist. Court S.D. Tex. 2015) (dismissing claims administrator of employee state retirement plan based on immunity because acting as the administering firm and agent of state government entity); Mixon v. Golden Rule Insurance Company, 2014 WL 673351 (Dist. Court S.D. Miss. 2014) (summary judgment under Mississippi law dismissing bad faith, negligence, and misrepresentation claims); Hall v. Fidelity & Guaranty Life Insurance Co., 2014 WL 642802 (Dist. Court N.D. Texas 2014) (summary judgment that life policy lapsed for nonpayment of premium prior to death of insured); Delluomo v. American Medical Security Life Insurance Company 2013 WL 5517483 (Dist. Court. W.D. Okla. 2013) (summary judgment under Oklahoma law dismissing bad faith claim); Franklin v. American Heritage Life Insurance Company, 2013 WL 3815982 (Dist. Court S.D. Ind. 2013) (summary judgment under Indiana law rescinding life insurance policy due to misrepresentations on the application for insurance); Richard v. Golden Rule Insurance Company, 2012 WL 6728582 (Dist. Court E.D. La. 2012) (summary judgment under Louisiana law on short-term medical policy); Roberts v. American Medical Security Life Ins. Co., 2012 WL 5305096 (N.D. Okla. 2012) (summary judgment dismissing agent claims for commissions and tortious interference); Emergency Health Centre at Willowbrook, et al. v. UnitedHealthcare of Texas, Inc., et al., 892 F.Supp.2d 847 (S.D. Tex. 2012) (summary judgment that medical claims for facility charges need not be paid to an unlicensed emergency medical facility); Krames v. National Life Ins Co., et al., 638 F.3d 489 (5th Cir. 2011) (summary judgment affirmed for insurer dismissing fraud, conspiracy and DTPA claims in dispute over 412(i) retirement plan); Sunny Corral Management, LLC v. Zurich American Insurance Company, et al., 2010 WL 1993195 (N.D. Tex. 2010) (summary judgment dismissing warranty claims); Johnson v. Boston Mutual Life Insurance Company, 2010 U.S. Dist. LEXIS 21394 (W.D. La. March 8, 2010) (summary judgment on ERISA claim for disability insurance benefits); Jowers v. UnitedHealth Group, et al, 2010 U.S. Dist. LEXIS 753 (W.D. Tenn. Jan. 6, 2010) (dismissal of complaint for agent commissions for failure to state a claim).

Education

  • JD, South Texas College of Law, summa cum laude
    Graduated first in class
  • BS, West Virginia University, cum laude

Honors

  • Listed in The Best Lawyers in America under Bet-the-Company Litigation, 2021
  • Listed in The Best Lawyers in America under Insurance Law, 2008-2021
  • Listed in The Best Lawyers in America under Commercial Litigation, 2009-2021
  • Listed in The Best Lawyers in America under ERISA Litigation, 2012-2021
  • Listed in The Best Lawyers in America under Real Estate Litigation, 2012-2021
  • Listed in 2007, 2009 Corporate Counsel Almanac as a “Top Lawyer”
  • Named one of the ten "Top Litigators in the Metroplex" by Dallas Business Journal, 2003

Memberships

  • State Bar of Texas
  • American Bar Association
  • The Defense Research Institute (Life, Health & Disability Committee Member)
  • Dallas Bar Association
  • Also admitted in Eastern District of Arkansas and District of Colorado