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Iowa City, Iowa

Primary Area of Expertise Healthcare Insurance

https://www.adr.org/videoresume?paramName=1076560114<br/>

"AV"-rated attorney, 25+ year litigation veteran, including jury trials, injunctive relief, summary adjudication, arbitrations, and appeals. Adjunct Law Professor of Insurance and Arbitration. ADR professional organization leader.<br/><br/>Practice experience:<br/>• First and third party insurance claims plus extra-contractual damages, subrogation, producer errors, business losses, etc.;<br/>• Payor/provider disputes, professional negligence, and other healthcare contracting and compliance matters;<br/>• Business torts, contracts, employment, acquisitions, and real estate.<br/><br/>Pre-law school: managed litigation and claims for international insurer. <br/><br/>Publications on insurance arbitration, business law, and mediation psychology.

Phelan Tucker Law LLP - Partner<br/>University of Iowa, College of Law - Adjunct Professor

Arbitrator, Mediator, Attorney, Adjunct Law Professor

Adjunct Professor of Law, University of Iowa College of Law, 2008-Present; Partner, Phelan Tucker Law LLP, 2017-Present; Attorney/President, Nierman Law PLC, 2001-2017; Attorney, Dell Richard Law Firm, 1999-2000; Claim Specialist, State Farm Insurance, 1990-1997; Staff Assistant, State Farm Insurance Agents, 1979-1990.

INSURANCE<br/>Extensive insurance litigation and arbitration experience. Served as lead counsel in the following:<br/>• First party (e.g., health, property, business interruption, uninsured/underinsured motorist, “no fault," and life) claims;<br/>• Third party (e.g., property, professional negligence, wrongful death, products liability, injury, and employment) cases;<br/>• Excess and overlapping coverages;<br/>• Extra-contractual damages;<br/>• Appraisal clause invocation and process;<br/>• Agent/broker/producer errors and omissions;<br/>• ERISA;<br/>• Subrogation; and <br/>• Carrier/producer disputes. <br/><br/>Prior to law school, spent seven years in claim and litigation management for international insurer in both first and third party contexts (worked in San Francisco, Indianapolis, and Iowa City while handling claims from almost every state). Coverages included medical/injury, business, death, and property in both first and third party contexts. Issues included extracontractual damages, excess and/or overlapping coverage, subrogation, fraud allegations, etc. <br/><br/>Additional experience working for three captive agents applying underwriting standards, servicing policies, etc. Product lines included health, commercial, life, auto, and fire.<br/><br/>Taught Arbitration and Insurance Law at the University of Iowa College of Law.<br/><br/>HEALTHCARE <br/><br/>Significant experience with payor/provider disputes including questions of medical necessity and experimental treatment as well as coverage, exclusions, conditions, rescission, etc. Plans/policies included:<br/>• Managed Care Organizations (a/k/a MCOs) (both private and government funded)<br/>• ERISA<br/>• Medicare<br/>• Medicaid<br/>• Standalone, including Marketplace<br/><br/>Involvement with internal appeals, administrative remedy exhaustion, external reviews, arbitration, and litigation including judicial review of government-administrated external review/arbitration. Issues have included:<br/>• Medical necessity<br/>• Determination of experimental treatment<br/>• Application of peer review literature<br/>• In/out of network/emergent determination<br/>• Pre-certification/pre-authorization<br/>• Prescription medication issues<br/>• Primary and secondary payor conflicts (including overlapping health plans as well as third party carrier involvement)<br/>• Fraud allegations<br/><br/>Litigation of professional negligence, products liability, and general liability, cases. Involvement with merger, acquisition, and separation of medical clinics as well as medical professional personnel matters. Significant experience with medical record release/HIPAA issues and medical debt collection. <br/><br/>Former board member of a non-profit health clinic.<br/><br/>COMMERCIAL<br/><br/>Experience with business torts, contract, employment, banking, debt, consumer, corporate governance, and acquisition matters, as well as real estate development, sale, and leasing. Litigated in federal and state courts as well as business specialty court. Most cases have been as lead counsel; also served as local and general counsel. Management experience in Fortune 100 insurance company, medium-sized law firm, and sole business owner.

Completion of close to a hundred mediations including multi-party negotiations, in person and virtual sessions, etc. Essentially a full time neutral.

Mediations have involved employment (e.g., race, gender (including sexual harassment), and disability discrimination, wrongful termination, whistleblower, etc.) and tort (e.g., vehicle and premises injuries) claims as well as related commercial and insurance coverage issues.

I add value by diving deep into the facts, so I come in having a significant amount of the briefing memorized. My style is dictated by the needs of the parties. I am not limited to “evaluative,” “transformative,” etc.; rather I discern what is needed in each room and connect accordingly. At the same time, there is one constant: I do not bully. Moving the needle requires making sure everyone has the same information, respectfully giving them compelling feedback, and letting them evaluate their own risks.<br/><br/>Persistence matters: Recently, I followed up for over a year post-mediation date to finish a settlement.<br/><br/>I have published on mediation psychology and how our brains function differently in the virtual environment. So, whether we are in person or online, I am ready to deliver every available resource to secure resolution.

High technology proficiency. Early adapter of time saving devices (e.g., speech recognition), cybersecurity best practices, etc. Led continuing education programs on appropriate use of artificial intelligence and other technologies. Comfortable with delving into ESI issues, virtual formats (e.g., Zoom, Teams, etc.).

Harvard Law School (Negotiation Master Class - 2024); University of Iowa College of Law (JD, with High Distinction, Order of the Coif - 1999); University of California, Davis (BA - 1990).

Admitted to the Bar: U.S. Court of Appeals, Eighth Circuit (2001); U.S. District Court: Northern and Southern Districts of Iowa (1999); Supreme Court of Iowa (1999).

American Academy of ADR Attorneys (President; Board Certified Mediator); American Arbitration Association (Arbitrator and Mediator); American Bar Association (Business Law, Dispute Resolution, Health, GP Solo, Litigation, as well as Tort, Trial and Insurance Sections (plus several subcommittees)); American Inns of Court (local officer); Eighth Circuit Bar Association; International Academy of Dispute Resolution; Iowa State Bar Association (Alternative Dispute Resolution (Chair), Business Law, Health, Labor and Employment, and Litigation Sections as well as Federal Practice Committee); Johnson Linn, and Polk County [Iowa] Bar Associations; and Order of the Coif.

Publications:<br/><br/>Data-Driven Negotiations: Applying Counterintuitive Research to Avoid Bargaining Regrets, 53 The Brief 4 (2024).<br/>Arbitration of Iowa Insurance Claims, 83 Iowa Lawyer 6 (2023).<br/>Virtually as Good? Psychological, Practical, and Performance Issues in Online Mediation, American Bar Association, Professional Liability Litigation Committee (original publication: 83 Iowa Lawyer 2 (2023)).<br/>Intentional and Unintentional Business Torts and Court Procedure in Bootsma, M. J. (ed.) (2022), Comprehensive Business Law (3rd ed.), Cognella.<br/><br/>Speaking Engagements:<br/><br/>American Academy of ADR Attorneys:<br/>What I Want from My Mediator, Moderator, 2025<br/>Data-Driven Negotiations: Applying Empirical Research to Mediation, 2025<br/>Virtual Mediation: Psychology and Practice, 2024<br/><br/>American Arbitration Association:<br/>Applying Psychological Research to Improve Mediation Success, 2025<br/>Virtual Meetings: Science, Challenges and Solutions, 2024<br/><br/>National Association of Administrative Law Judiciary<br/>Virtual Mediation: Psychology and Practice, 2024<br/><br/>American Bar Association:<br/>Data-Driven Negotiations: Applying Counterintuitive Research to Avoid Bargaining Regrets, 2025<br/>Using Scientific Research to Out-Negotiate Your Opponent, 2025<br/>Data-Driven Negotiations: Applying Counterintuitive Research to Avoid Bargaining Regrets, 2025<br/>Data-Driven Negotiations: Applying Counterintuitive Research to Avoid Bargaining Regrets, 2025<br/>Online Mediation: Five Years In, 2025<br/>Mediation in Professional Liability Cases, 2024<br/>Tested and Proven Strategies for Success in Insurance Coverage Mediations, 2024<br/>Virtual Mediation: Psychology and Practice, 2024<br/>How to Succeed in Virtual Mediations, 2024<br/><br/>Black Hawk County Bar Association:<br/>Data-Driven Negotiations: Leveraging Empirical Research for Better Settlements, 2025<br/>Virtual Mediation: Psychological and Other Considerations, 2023<br/><br/>Center for Conflict Resolution:<br/>Virtual Mediation: Psychological and Other Considerations, 2024<br/><br/>David R. Hansen Inn of Court:<br/>Practical Uses of AI (Moderator), 2025<br/><br/>Des Moines Area Community College:<br/>Guest speaker, paralegal class, 2024<br/><br/>Iowa State Bar Association:<br/>Winning with Arbitration: Everything You Wanted to Know About Arbitration (but were afraid to ask), 2025<br/>Effective Summary Judgment Strategies (Moderator), 2025<br/>Business Valuation Litigation (Moderator), 2025 <br/>Mediation Panel, 2024<br/>Best Practices in Jury Selection (Moderator), 2024<br/>Ethics Issues in Litigation, 2024<br/>Taking Medical Provider Depositions (Moderator), 2024<br/>Proving and Defending Attorney Fee Claims (Moderator), 2024<br/>Psychological Issues in Virtual [Arbitration] Hearings, 2024<br/>Helping all Parties Fully Participate in ADR, 2023<br/>The Science behind Virtual Mediation and Arbitration, 2023<br/>Mediation and Arbitration: Preparation, Strategy, and Advocacy, 2023<br/>Arbitration and Mediation: Preparation, Strategy, and Advocacy, 2023<br/>Psychological Hinderances and Practical Remedies in Virtual Mediation, 2023<br/>Arbitration of Health Insurance Claim Disputes, 2023<br/><br/>Iowa State University:<br/>Guest speaker, business classes, 2011-2024<br/><br/>Johnson County Bar Association:<br/>Mediation and Arbitration: Preparation, Strategy, and Advocacy, 2023<br/>Mediation - Psychological and Practical Considerations, 2020<br/><br/>Lincoln Inne [sic] of Court:<br/>Virtual Mediation: Psychology and Practice, 2025<br/>Using Empirical Research in Negotiations, 2024<br/><br/>New Possibilities Hour:<br/>Online Mediation: Psychological and Practical Considerations, 2024<br/><br/>Scott County Bar Association:<br/>Data-Driven Negotiations: Using Research to Improve Settlement Results, 2024

$400 Per Hour

English

United States of America

Iowa City, IA

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