“MAKING EXPENSIVE LITIGATION AFFORDABLE”
Benjamin Blakeman graduated from UCLA School of Law and has been a member of the California Bar since 1974. He also been an American Arbitration Association arbitrator since 1985, a certified mediator since 1997, and a financial advisor and life insurance agent since 1999. He also acted as a compliance officer for five years at two different life insurance/securities agencies. He has been a member of the Los Angeles Estate Counselors Forum since 2000.
The primary focus of his practice is litigation and counseling on life insurance and investment issues, including agent or broker error, fraud or malpractice, financial elder abuse, insurance bad faith issues, unwarranted or bad faith denial of insurance claims, real estate disputes, commercial disputes, fraud, fiduciary issues, legal malpractice, and trust and estate litigation.
Mr. Blakeman’s mission in litigation is to reach a fair and satisfactory resolution at the most economical cost possible. He is a strong advocate of early mediation and avoidance of litigation wherever possible. His believes that many defendants if presented at the outset with a well prepared and formulated set of facts, analysis and demands will be open to discussing settlement to avoid expensive litigation costs.
If litigation is required, Mr. Blakeman is an experienced and effective advocate, having tried numerous jury trials, court trials, and arbitrations. He has mediated over 200 cases and has served as arbitrator on over 100 cases.
There are several different fee structures available, depending on the nature of the case, the likelihood of success, and the means of the client. Many cases are taken on a capped-fee/ contingent fee basis and some are taken on a straight contingent fee basis.
Recent Representative Accomplishments
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Successfully settled a dispute at the outset of litigation over the annuity proceeds from a $300,000 annuity policy where there was a conflict between the intent of the deceased annuitant and the contractual provisions of the annuity itself.
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Settled a contractual dispute over a $350,000 home purchase obtaining the home at the original agreed price of $125,000 without filing suit.
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As a consultant, helped 76 year old client recover her premiums in a dispute over the sale of a $900,000 life insurance policy purchased for $400,000 which later became worthless.
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Acted as expert witness in the case of a dispute over $18 million of life insurance policies sold to two individual business owners for which they had paid over $2 million in premium over several years.
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As a consultant, helped life insurance owner to save over $400,000 in account values, $10 million or more in estate taxes and potential loss of up to $5 million of death benefits that would have been lost by following the advice of financial advisors.
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As consultant, helped law firm analyze claims and draft litigation documents in a case against a stockbroker who inappropriately sold client almost $1 million dollars of collateralized mortgage obligations (CMOs) and who unduly influenced client to make large donations to an illegal “foundation” owned and controlled by the broker.
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Co-counsel representing two individuals who lost their life's savings in an illegal investment scam sold to them by a registered representative at a securities firm.
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Recovered $150,000 in settlement for small business owner who lost $200,000 because of an illegal investment recommended to him by a life insurance agent.
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Obtained full rescission of $4.0 million universal life policy in force for 4 years -- $300,000 premium returned to insured prior to filing suit. After filing suit, obtained further settlement from brokers for $119,000.
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Obtained $1,000,000 + interest + attorney's fees on an accidental disability claim within ten days of filing suit.
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Obtained lump sum payout of $350,000 for annuity beneficiaries despite annuitant's settlement agreement requiring that the annuity be paid out over beneficiaries' lifetimes.
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Testified as expert witness on compliance issues in dispute between investment management firm and securities broker who induced investors to replace management company with another firm.
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Won summary judgment against AIG subsidiary on accidental death claim under ERISA group policy.
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Obtained death benefit for clients named on unrecorded beneficiary change form after the death benefit had already been paid out to the original beneficiary.
Profile Benjamin Blakeman, Attorney
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