Michael J. Miller

Chair, Life Insurance & Annuities
Co-Chair, Software

Michael is a commercial trial lawyer who concentrates his practice on major life insurance secondary market and software litigation cases. Michael also represents insurers in property, casualty, commercial, and environmental insurance coverage cases, life and disability insurance coverage cases, alleged agent and broker fraud and Ponzi scheme cases, RICO cases, and countless cases involving life insurance and annuities. Michael has litigated a broad range of commercial issues, including life insurance, software, real estate, equipment leasing, lending agreements, shareholder disputes, and construction cases. With an insurance litigation practice that is national in scope, Michael has a record of successfully litigating the full spectrum of cases involving the sale of life insurance policies and annuities in the secondary market — including stranger-originated life insurance (STOLI) cases.

Michael has an impressive track record representing software firms involved in software defect, implementation, and licensing disputes. These cases are litigated and tried in courts all across the country and in international arbitration centers.

Michael has been especially focused on cases arising out of the improper sale of life insurance policies (and interests therein) on the secondary market (i.e., STOLI). As chair of the Life Insurance & Annuities Group, Michael plays a role in virtually all of the group’s STOLI cases. Michael has a record of successfully litigating the full spectrum of case variations that arise out of STOLI. Michael has also assisted with drafting model secondary market legislation.

In addition to his experience in commercial litigation issues, Michael has taken the lead in complex insurance litigation and transactional matters, including complex environmental risk transfer issues, owner- and contractor-controlled insurance programs, and captive issues. Michael negotiates contracts for transfers of complex environmentally contaminated real estate, and then works with brokers and underwriters to draft insurance policies designed to address these risks. He was closely involved in "Early Transfer" transactions at the Mare Island Navy Base (California) and the Fort Ord Army Base (California).

Michael has been recognized for several years as a "Litigation Star" by Benchmark Litigation. Insurance industry associations often invite Michael to speak at their conferences, and he is a regular presenter at the National Structured Settlements Trade Association (NSSTA) meetings.  Michael currently serves as outside general counsel to NSSTA.

Michael earned his undergraduate degree, magna cum laude, from the University of South Florida. Michael earned his law degree, cum laude, from Temple University Beasley School of Law where he was on law review.

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Experience

STOLI Decisions/Insurer Cases

  • Sun Life Assur. Co. v. Wilmington Trust, N.A., 2022 WL 179008 (Del. Super. Ct. Jan. 12, 2022) (“DeBourbon and Frankel”) (obtained summary judgment under Delaware law in connection with claims on two LPC STOLI policies with aggregate face amount of $19 million)

  • Sun Life Assur. Co. v. Wells Fargo Bank, N.A.• , 2020 WL 1503641 (N.D. Ill. March 30, 2020) ("Corwell• ”) (obtained summary judgment on Coventry STOLI policy under Illinois law with face amount of $5 million)

  • Sun Life Assur. Co. v. U.S. Bank N.A.• , 369 F.Supp.3d 601 (D. Del. 2019) (“Sol• ”) (obtained summary judgment on Coventry STOLI policy under Delaware law with face amount of $5 million)

  • Sun Life Assur. Co. v. Wells Fargo Bank, N.A.• , 238 N.J. 157 (2019) (“Bergman• ”) (certified question to New Jersey Supreme Court resulting in invalidation of $5 million STOLI policy under New Jersey law)

  • Sun Life Assurance Co. of Canada v. U.S. Bank Nat'l Ass'n• , 693 F. App’x 838 (11th Cir. 2017) (“Malkin I• ”) (successfully argued and preserved the first of several Coventry STOLI victories under Delaware law)

  • Sun Life Assurance Co. of Canada v. Conestoga Tr. Servs., LLC• , 263 F. Supp. 3d 695 (E.D. Tenn. 2017), aff’d 717 Fed. Appx. 600 (6th Cir. 2018) ("Collins• ”) (successfully argued and preserved a “front-end” STOLI victory under Tennessee law)

  • U.S. Bank Nat'l Ass'n v. Sun Life Assurance Co. of Canada• , 2016 WL 8116141 (E.D.N.Y. Aug. 30, 2016), report and recommendation adopted, 2017 WL 347449 (E.D.N.Y. Jan. 24, 2017) (“Van de Wetering• ”) (obtained summary judgment on $10 million Coventry STOLI policy under Delaware law)

  • Columbus Life v. Wilmington Tr. Co., 2023 WL 1956868 (Del. Super. Ct. Feb. 13, 2023) (“Kluener & Chisholm”) (declaring two $5 million policies void ab initio for lack of insurable interest under Delaware law because the policies were procured using non-recourse premium financing that the insureds had no obligation to repay and the insureds did not pay any of the premiums using their own money)

  • Columbus Life v. Wilmington Tr., N.A., 2023 WL 6813150 (D. Del. Mar. 21, 2023) (“Cohen & Romano”) (entering summary judgment in favor of insurer declaring two $5 million life insurance policies procured through the same program as the void policies at issue in Kluener & Chisholm void ab initio for lack of insurable interest under Delaware law after investor did not contest the policies’ validity on summary judgment)

Estate/Family Cases

  • Estate of Malkin v. Wells Fargo Bank, N.A., 379 F. Supp. 3d 1263 (S.D. Fla. Mar. 29, 2019), aff’d in part, vacated in part, and questions certified by 998 F.3d 1186 (11th Cir. 2021) ($4 million STOLI policy found void and family awarded all proceeds plus interest)

News

Cozen O'Connor’s Life Insurance & Annuities Group Named One of the Top Lateral Hires of 2018

March 23, 2019

The Cozen O'Connor Life Insurance and Annuities Group was named by The Legal Intelligencer one of the Top Lateral Hires of 2018 after joining the firm in April 2018.

Cozen O’Connor Expands Commercial Litigation Practice in Philadelphia with Group from Drinker Biddle

April 26, 2018

Cozen O’Connor announced today that three nationally recognized commercial litigators — Michael J. Miller, Gregory J. Star, and Stephen R. Harris — along with 11 others have left Drinker Biddle to join Cozen O’Connor’s Commercial Litigation practice

Publications

The Latest McHugh Battleground: Class Certification [Alert]

July 13, 2023

In McHugh, the California Supreme Court opened the door to dozens of class action lawsuits against life insurance companies, but recent class certification decisions have favored defendant insurers.

What’s Happening in California After McHugh? [Alert]

April 07, 2022

Michael Miller and Ilya Schwartzburg discuss the state of lapse cases six months after McHugh.

Secondary Market Investor Files Interest Rate Class Action [Alert]

January 04, 2021

Michael Miller and Charles Vinicombe discuss a new life insurance secondary market investor strategy — suing life insurers on a class action basis for not paying enough interest.

“Retread” Blowouts Create Hazards for Investors

November 16, 2020

Mike Miller and Stephen Harris discuss the risks involved with structured settlement annuity payments that were sold to a factoring company and that were then resold or assigned, typically by the factoring company, to another investor.

New Jersey Enacts Anti-STOLI Legislation

October 28, 2020

Charles J. Vinicombe and Michael J. Miller discuss New Jersey's anti-STOLI legislation codifying the New Jersey Supreme Court ruling in Sun Life Assurance Company v. Wells Fargo Bank, N.A.

Events & Seminars

Past Events

Structures 101 &102

February 25, 2020 - Las Vegas, NV

STOLI: It’s Not Over, Not Even Close

April 01, 2019 - Boston, MA

The Association of Life Insurance Counsel 2018 Annual Meeting

May 07, 2018 - Half Moon Bay, California

Industry Sectors

Education

  • Temple University—James E. Beasley School of Law, J.D., cum laude, 1991
  • University of South Florida, B.S., magna cum laude, 1988

Awards & Honors

Litigation Star, Benchmark Litigation

Lawyers of Distinction, 2023

  • New Jersey
  • Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of Pennsylvania