Ben Seessel

Ben V. Seessel represents life insurers, annuity issuers, and other financial services companies in class actions and other complex cases in federal and state courts across the country. He has litigated numerous cases involving life insurance products, including defending against allegations of statutory and regulatory infractions, ERISA violations, violations of consumer protection laws, fraud, negligent misrepresentation, breach of contract, breach of fiduciary duty, negligence, and unjust enrichment, among other claims.

Ben also represents life insurers in regulatory and transactional matters, particularly those that concern the use of emerging technologies in connection with the design, marketing, and distribution of life insurance products. He counsels industry clients on the use of big data and predictive analytics.

Experience :

• Counseled long-term care insurer on communications to insureds and policy holders related to an impending rate adjustment.
• Counseled major U.S. life insurer in reaching a resolution and settlement agreement with state insurance regulator regarding unclaimed life insurance benefits.
• Seconded to major U.S. life insurer with responsibilities for a variety of regulatory and transactional matters for the company, reporting to the chief counsel for insurance products.
• Obtained dismissal on ERISA preemption grounds of state law fraud and negligent misrepresentation claims lodged against a life insurer that had issued policies funding DUB benefits for an employee benefit plan.
• Represented industry groups as amicus curiae in appeals before the several federal courts of appeals in actions against life insurers challenging the use of retained asset accounts.
• Represented private placement variable life insurance provider in class action matter relating to alleged losses attributable to Madoff “feeder fund” investments.
• Rochow v. Life Ins. Co. of N. Am., 482 F.3d 860 (6th Cir. 2015) (amicus counsel in support of appellant/prevailing party).
• Otte v. Life Ins. Co. of N. Am., No. 11-1973 (1st Cir. 2011) (represented industry group as amicus curiae in appeal relating to district court’s class certification order in ERISA litigation involving a group life insurer’s use of retained asset accounts to pay life insurance benefits).
• Leonard v. ReliaStar Life Ins. Co., No. 3:05-cv-01015 (M.D. Ala. 2006) (defense of national class action alleging fraud and breach of contract claims involving universal life insurance policies).
• Law Offices of David Stern v. SCOR Reinsurance Co., No. 04-60170 (S.D. Fla. 2005) (defended reinsurer in direct action brought by policyholder following insurer’s insolvency).
• Novack Living Trust, et al. v. Citicorp Invest. Services, No. 03-06595 (NASD Southeast Region 2004) (defended broker-dealer against misrepresentation and suitability claims brought by purchaser of mutual funds).
• Lloyd/Huskey v. The O.N. Equity Sales Co., NASD Arb. No. 02-07872 (NASD Southeast Region 2002) (defended broker-dealer against suitability, misrepresentation, and federal and state securities laws claims).

Education :

• University of Miami School of Law, J.D., 2002, magna cum laude; Order of the Coif; Associate Editor, University of Miami Inter-American Law Review
• Rutgers University, B.A., 1992

Bar Admissions : Connecticut, Florida, New York

Court Admissions :

• U.S. District Court, District of Connecticut
• U.S. District Court, Northern District of Florida
• U.S. District Court, Southern District of Florida
• U.S. District Court, Southern District of New York