Andrew I. Hamelsky

Overview

Andrew Hamelsky focuses his practice on life, health disability and ERISA matters as well as commercial litigation. Andy is well-versed in representing healthcare insurers in ERISA and non-ERISA issues, matters involving tiered and narrowed health plans, out-of-network coverage disputes, fraud and abuse claims and contractual claims. He also represents insurance companies, banks, hotels, biotech companies and closely held companies in a variety of commercial disputes regarding trade secrets, shareholder disputes, corporate defamations, Lanham Act, tortious interference with contract claims, FINRA disputes, construction issues and defense of personal and property damage claims.

Andy earned his J.D. from Western New England University School of Law and his B.A. from Washington University in St. Louis.

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Representative Matters

Andrew’s experience includes:*

  • obtained a dismissal of claims brought by the Association of New Jersey Chiropractors alleging that a health coverage plan creates unfair business advantage against them. (Assoc. of NJ Chiropractors v. Horizon Blue Cross Blue Shield, SOM- L-1211-16) (affirmed upon appeal)
  • successfully dismissed a claim of first impressions brought against a client for negligent misidentification. (Dwight Morris v. TD Bank, UNN-L-796-15)
  • obtained a complete dismissal in an action seeking a return of over $800,000 due to allegations of fraudulent conveyances and actual fraud. The Court completely exonerated the clients and dismissed the action without leave to re-plead. (Geo-Group v. Chand, et al., 1:15-cv-01756 (S.D.N.Y July 27, 2016))
  • obtained a published opinion from the New Jersey Appellate Division granting a protective order in a matter wherein several hospitals were seeking intrusive discovery concerning the creation and implementation of a health plan. (Capital Health System Inc., v. Horizon Healthcare Services Inc., NJ App. Div. A-2913-15 (June 23, 2016))
  • obtained one of the largest FINRA arbitration recoveries of $12 million on behalf of a wrongfully terminated employee
  • handled complex premises liability matters, including labor law matters and wrongful detention matters on behalf of numerous corporations
  • successfully defended a small corporation in a AAA Arbitration, concerning the termination of that company’s Chairman of the Board of Directors
  • successfully arbitrated a matter concerning construction issues regarding quality of workmanship for a national hotel chain
  • achieved summary judgment on behalf of animal health care pharmaceutical company concerning a breach of contract matter (Phibro Animal Health U.S. v. Cornerstone AG Products, 2006 WL 3733022 (DNJ 2006)
  • established principle in New York law that in order to be totally disabled pursuant to an individual disability policy, insured must be unable to perform all of the important duties of "Your Occupation (Simon v. Unum group, 2009 WL 857635 (SDNY 2009); Hershman v. UnumProvident Corp. 660 F. Supp. 2d 527 (SDNY 2009)
  • successfully represented insurance company in defending a disability action wherein insured did not have an “occupation” under the policy (Scherer v. The Equitable Life Assurance Society of the United States, 2006 WL 1520212 (SDNY 2006)
  • achieved summary judgment on behalf of an insurer in determining the applicable statute of limitations pursuant to a disability contract (Hodge v. Unum Group, 2010 WL 1286257 (EDNY 2010)
  • represented insurance carriers on rescission actions, including rescissions for fraudulent misrepresentations
  • while representing insurance carriers, worked with the New York Insurance Department and Attorney General’s office concerning fraudulent insurance claims
  • represented insurance companies in interpleader actions ranging from beneficiary disputes, slayer statutes and exhaustion of policy limits. (New York Life Insurance Company v. Aleandre, 2014 WL 30508 (SDNY 2014)
  • litigated hundreds of actions on behalf of insurers, concerning the denial of benefits under both individual and group insurance plans

*Includes representations prior to joining Stradley Ronon.

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Credentials

Bar Admissions
  • New Jersey
  • New York
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
Education
  • J.D., Western New England University School of Law
  • B.A., Washington University in St. Louis
Memberships

  • Litigation Section, American Bar Association
  • Defense Research Institute

Recognition

  • The Best Lawyers in America
  • A.M. Best Lawyers
  • New York Super Lawyers
  • 201 Magazine, Top Lawyer
  • Martindale Hubbell, AV Rated
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