Charan M. Higbee

Charan is Of Counsel in Maynard Nexsen’s Insurance practice group. She represents insurance companies in cases involving life, health and disability policies and group policies subject to ERISA.

With more than twenty-five years of experience, Charan handles insurance matters in state and federal court during every phase of litigation. She litigates cases ranging from high-value coverage cases, which seek bad faith and punitive damages, to interpleader and subrogation matters. She frequently provides pre-litigation advice to insurers regarding policy rescissions and claim determinations. She has extensive experience in California courts.

Charan has a reputation for excellence in her legal writing and oral advocacy. She has prevailed on numerous state and federal court appeals and motions for summary judgment. Charan also is gifted at preparing corporate witnesses, taking and defending depositions, resolving cases at mediation and providing her clients with creative and cost-effective litigation strategies.

Charan holds a J.D. from the University of San Diego.

Community & Professional

• Defense Research Institute (DRI)

• Life, Health and Disability Committee

• Gonda v. Permanente Medical Group, Inc., N.D. Cal. (2015)
  • Court granted summary judgment in favor of insurer in action seeking long-term disability benefits under an ERISA-governed group policy.
• Meshi v. The United States Life Insurance Company in the City of New York, C.D. Cal. (2018)
  • Court granted partial summary judgment in favor of insurer seeking to enforce group disability policy’s choice-of-law provision.
• Stolte v. Securian Life Insurance Company, N.D. Cal. (2022)
  • Court dismissed a claim under ERISA seeking a $710,000 life insurance benefit.
• Gibbs Policy LLC v. AXA Equitable Life Insurance Company, C.D. Cal. (2022)
  • Court granted summary judgment to life insurer on claims for conversion and bad faith.
• D.L. Markham DDS, MSD 401(K) Plan v. Variable Annuity Life Insurance Company, Fifth Circuit Court of Appeals (2023)
  • Appellate court affirmed dismissal with prejudice of putative class action against service provider to ERISA plan alleging breach of fiduciary duty under ERISA and prohibited transaction.
• Bajwa v. United States Life Insurance Company, 2024 WL 1344675 (E.D. Cal. Mar. 29, 2024)
  • Obtained summary judgment in favor of disability insurer on claims for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud and negligent misrepresentation.