Floyd Bienstock is one of the preeminent bad faith trial lawyers in America. He has defended and tried individual actions, as well as class actions, across the country, including in more than 20 states and the District of Columbia. He founded and leads the Insurance Coverage and Bad Faith group in the Phoenix office. Floyd has also acted as regional and national coordinating counsel for major property and casualty insurers in defending institutional claim handling programs. He concentrates his practice in the defense of insurance companies accused of acting in bad faith, violating the unfair trade and claims practices acts, or abusing process in the defense of its insureds and counsels insurers on coverage issues and the use of claim valuation and claim handling software.
Floyd is a frequent lecturer on civil trial techniques, insurance bad faith, and defending class actions. He is the former chair of the State Bar of Arizona's Trial Practice Section and a former managing partner of Steptoe's Phoenix office.
- J.D., University of Arizona College of Law, 1980, with distinction; Executive Editor, Arizona Law Review; Member, 1979 National Moot Court Team
- B.A., Rutgers University, 1976, with distinction
- Represented Allstate in a jury trial in Kentucky in which the jury returned a unanimous defense verdict in a case where plaintiff sought $1.425 billion in damages on a third-party bad faith claim that challenged Allstate’s Claim Core Process Redesign (CCPR) casualty claim handling program, including the Minor Impact Soft Tissue (MIST) and Colossus claim handling processes.
- Obtained unanimous defense verdicts for Allstate in two separate jury trials in Arizona state court in cases alleging that Allstate abused legal process in defending its insureds through its CCPR, MIST and Litigation Management programs.
- Represented MetLife in bad faith litigation in Arizona state court that established the current legal standard for punitive damages in insurance bad faith claims and limited the ratio of punitive damages to compensatory damages to 1:1.
- Represented The Doctors Company in bad faith litigation arising out of the failure to settle medical malpractice claims within policy limits in New Mexico, Ohio, and Illinois.
- Secured an appellate win for State Farm on a petition for special action to the Arizona Court of Appeals.
- Defended American National Property and Casualty Company (ANPAC) in a class action certified in the United States District Court for the Western District of Kentucky in a claim against industrial hog farmers where the class consisted of property owners who allegedly suffered physical and monetary damages arising from the farms’ operations. Using newly gathered evidence, the trial team convinced the court to decertify the class after which the case was settled on favorable terms.
- Represented MetLife in a disability insurance bad faith action in the United States District Court for the District of Arizona and obtained summary judgment on the bad faith claim based on MetLife’s denial of the claim in reliance on board-certified medical professionals. This resulted in a reported decision that is currently relied on by insurers in seeking summary judgment on bad faith claims where the insurer reasonably relied on an expert in making the claim decision.
- Represented American International Specialty Lines Insurance Company (AISLIC), a subsidiary of AIG, in a two-phase trial in the Federal District Court for the Central District of California, in a CERCLA cost recovery action against the United States in which the court found in favor of AISLIC and awarded it a multimillion dollar recovery.
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August 15, 2016
- Best Lawyers in America, Insurance Law (2007-2019)
- Chambers USA, Litigation: General Commercial, Arizona (2009-2019)
- Super Lawyers Southwest, Insurance Coverage (2007-2019)
- Super Lawyers Southwest, "Top 50 Attorneys," Arizona, Insurance (2009, 2011-2016)
- Litigation Star, Benchmark Litigation (2016)
- Az Business, Top 100 Lawyers in Arizona (2015)
- Best Lawyers in America, "Lawyer of the Year," Phoenix Insurance Law (2014)
- Founder, Board of Directors (2011–present) and Chair (2015–2017), NorthBridge College Success Program for students with learning disabilities
- Board of Directors (2004–2010) and Chair (2008–2010), New Way Learning Academy, a K-12 school for students with learning disabilities
- Chair, National Board of Visitors, The University of Arizona James E. Rogers College of Law (2004–present)