H. Sanders Carter is a litigation partner with extensive trial experience in federal and state courts. He represents the nation’s leading life insurance companies throughout Georgia and in other states where he has been admitted pro hac vice.
His practice is focused on representing insurers in actions to recover benefits under policies of life, health, disability, accidental death, managed healthcare insurance and annuity contracts.
He defends ERISA claims alleging breach of fiduciary duties and to recover employee benefits, and defends insurers in cases based on agent misconduct. He also represents life insurers and their subsidiaries in business disputes with third parties.
Representative Experience :
- Silverman v. Unum Life Ins. Co. of Am., 2016 WL 6211728 (N.D. Ga. July 12, 2016) (insured who was already totally disabled by sickness could not recover lifetime benefits based on subsequent injury that, standing alone, would have been totally disabling).
- Joseph v. Northwestern Mut. Life Ins. Co.,2015 WL 1309648 (M.D. Ga. Mar. 24, 2015) (claim for disability benefits was barred by insured’s failure to provide notice of claim and proof of loss within time required by the policy).
- Provident Life and Accident Ins. Co. v. Futch, 2008 WL 4724827 (S.D. Ga. Oct. 24, 2008) (surgeon was not eligible to recover lifetime disability benefits, based on claim that bilateral osteoarthritis of the hips was due to accidental bodily injuries, rather than due to sickness).
- Powers v. Paul Revere Life Ins. Co., 2005 WL 6075373 (N.D. Ga. Oct. 19, 2005) (letter to insured from insurance agent did not amend disability policy to add cost of living benefits).
Sanders was a partner and Leader of the Life, Health, Disability, and ERISA Litigation Practice at Smith Moore Leatherwood LLP, which merged with Fox Rothschild in 2018. Sanders is the Publications Chair of the Life, Health and Disability Committee of the Defense Research Institute and the founding editor of ERISA Report, a DRI newsletter.
He has written on life insurance and ERISA issues for many years and has spoken at seminars of the American Conference Institute, the Defense Research Institute, the Eastern Claims Conference, the Blue Cross/Blue Shield Association, the Southern Claims Conference and other organizations.
- University of Georgia (A.B.J., 1965)
- University of Georgia School of Law (J.D., 1967)
- Association of Life Insurance Counsel
- International Association of Defense Counsel
- American Bar Association
- Tort, Trial & Insurance Practice Section
- Litigation Section
- Georgia Defense Lawyers Association
- Atlanta Bar Association
COURT ADMISSIONS :
- U.S. District Court, Northern District of Georgia
- U.S. District Court, Middle District of Georgia
- U.S. District Court, Southern District of Georgia
- U.S. Court of Appeals, Eleventh Circuit
- Georgia Supreme Court
BAR ADMISSIONS : Georgia
Rate : $$$