Robert S. Gianelli
Los Angeles Insurance Attorney
Rob Gianelli has established himself as a leading California attorney in prosecuting insurance class actions and individual insurance “bad faith” cases. He has represented policyholders in a wide range of disputes: health insurance, life insurance, disability insurance, property insurance, and others.
Mr. Gianelli received one of California Lawyer magazine’s 2015 Attorney of the Year (CLAY) awards for his work as lead attorney in a class action against Kaiser for its refusal to provide certain types of treatment for autistic children. Arce v. Kaiser Foundation Health Plan, Los Angeles Superior Court No. BC 388689. For his work on this case, Mr. Gianelli was also chosen as a 2014 Finalist for the Consumer Attorney of the Year by the Consumer Attorneys of California.
In 2017, Mr. Gianelli won a $7.2 million jury verdict in a case against a managed care company over its failure to provide a Health Net member with a timely referral to a surgeon. LaRue v. Health Net of California, Inc. et al., Los Angeles County Superior Court No. BC566095.
In 2015 Mr. Gianelli won a class action trial against Kaiser for its violation of California’s reconstructive surgery law. Gallimore v. Kaiser Foundation Health Plan, Inc. Alameda County Superior Court No. RG12-616206. Thousands of Kaiser members will now be entitled to excess skin surgery following massive weight loss from successful bariatric surgery. This will result in a benefit of more than $150 million for Kaiser members in the coming years.
In 2011 Mr. Gianelli was chosen as a Finalist for the Consumer Attorney of the Year in a case where he represented a class of 7,700 senior citizens who were sold deceptive annuities. Stephens v. American Equity Investment Life Ins. Co., San Luis Obispo Superior Court Case No. CV040965. Mr. Gianelli was successful in winning phase one of a trial in that matter for $15.4 million which ultimately resulted in a total settlement of $47,000,000.
Mr. Gianelli has been appointed lead counsel in a number of other significant insurance class actions, including: Hill v. United HealthCare Insurance Company (C.D. Cal) Case No. 8:15-CV-00526 DOC; Vaccarino v. Midland National Life Insurance Company (C.D. Cal.) Case No. 11-CV-5858 CAS; Escalante v. California Physicians’ Service (C.D. Cal.) Case No. 14-CV-3021; Peterman v. North American Co. for Life & Health, Los Angeles Superior Court Case No. BC 357194; Bath v. Blue Shield of California, San Luis Obispo Superior Court Case No. CV070360; Iorio v. Allianz Life Ins. Co. of N. America (S.D. Cal.) Case No. 05-CV-0633 IEG; Chastain v. Union Security Life Ins. Co. (C.D. Cal.) Case No. 06-CV-5885 ABC; and Kavruck v. Blue Cross of California, Los Angeles Superior Court Case No. BC 160180.
Mr. Gianelli has also been the attorney for the policyholder in a number of published decisions relating to class actions and insurance matters. These cases include: Escalante v. Blue Shield of California (C.D. Cal. 2015) 309 F.R.D. 612; Rodriguez v. Blue Cross of Calif. (2008) 162 Cal.App.4th 33; Kavruck v. Blue Cross of California (2003) 108 Cal.App.4th 773; IT Corp. v. General American(9th Cir. 1997) 107 F.3d 1415; American States Ins. Co. v. Borbor (9th Cir. 1987) 826 F.2d 888.
Mr. Gianelli is a Contributing Editor to the Rutter Group California Practice Guide Insurance Litigation, California’s leading insurance practice guide. He has also acted as an Adjunct Professor teaching Insurance Law at Whittier Law School and La Verne University School of Law.