Practice areas: Employee Benefits, Insurance Coverage; view more
Licensed in California since: 1983
Education: University of California College of the Law, San Francisco
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559-549-6490
ERISA Law Center
6485 N Palm AveSuite 105
Fresno, CA 93704 Visit website
Working in the legal profession for four decades now, Robert J. Rosati focuses ERISA long-term disability claims and other employer provided benefits. Counseling clients statewide in California, in addition to various other states, he helps them navigate denied claims in long-term disability, health insurance, bad faith disability insurance, life insurance and other ERISA claims. Currently working from his firm, ERISA Law Center, in Fresno, California, he is dedicated to standing beside his clients and ensuring that their claims are paid.
After graduating from The State University of New York with a bachelor’s degree, Mr. Rosati pursued his law degree from the University of California College of the Law. He earned his Juris Doctor in 1983 and was admitted to practice law in California the same year. He is also admitted to appear before the federal and appellate courts in multiple states, including Michigan, Oklahoma, Wisconsin, Indiana, New York and Nebraska.
Throughout his career, Mr. Rosati has helped numerous clients claim denied insurance. Recently, he represented his client in a case against an insurance company, where the client was denied a long-term disability claim, even after she received Social Security Disability benefits. He fought the case at court and won the claim for his client. His continuous efforts and his ethical standing in his profession earned him Distingushed* peer-review rating through Martindale-Hubbell.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
Practice areas
Employee Benefits, Insurance CoverageFocus areas
Bad Faith Insurance
- 90% Employee Benefits
- 10% Insurance Coverage
First Admitted: 1983, California
Professional Webpage: https://www.theerisalawgroup.com/attorney/rosati-robert-j-es...
Bar / Professional Activity
- California, 1983
- Nebraska
- New York
- Indiana
- Wisconsin
- Oklahoma
- Michigan
- U.S. District Court District of Nebraska, 2024
- U.S. District Court Western District of New York, 2015
- U.S. District Court Southern District of Indiana, 2013
- U.S. District Court Northern District of Indiana, 2013
- U.S. District Court Eastern District of Wisconsin, 2012
- Supreme Court of California, 1983
- U.S. Court of Appeals 1st Circuit, 2010
- U.S. Court of Appeals 2nd Circuit, 2010
- U.S. Court of Appeals 6th Circuit, 2009
- U.S. Court of Appeals 10th Circuit, 2008
- U.S. District Court Eastern District of Michigan, 2008
- U.S. Court of Appeals 5th Circuit, 2007
- U.S. District Court Western District of Oklahoma, 2007
- U.S. District Court Western District of Michigan, 2006
- U.S. District Court Southern District of California, 2006
- U.S. District Court Central District of California, 2003
- U.S. Court of Appeals Federal Circuit, 2003
- U.S. Court of Federal Claims, 2000
- U.S. Court of Appeals 9th Circuit, 1986
- U.S. District Court Eastern District of California, 1986
- U.S. District Court Northern District of California, 1984
Verdicts / Settlements (Case Results)
- Flores v. Unum (2025 WL 1163729); Unum terminated Flores' employer provided (ERISA) long term disability benefits. After it denied her administrative appeal, suit was filed and the USDC judge ruled in Flores' favor, 2025
- Presgraves v. Valley Children's Hospital Employee Health Care Plan; Valley Children's Hospital; USDC Eastern District of California, Case No.: 1:21-cv-00496. Persinger, a nurse, had a previous cervical spine fusion which led to adjacent level herniation of her disc causing radiculopathy. The treating surgeon request pre-authorization for approval for the surgery. Blue Shield, Valley Children's health insurance provider, responded that "this service may be reviewed for medical necessity at point of claim. However, based on the information submitted, prior authorization is not performed for this service. "Blue Shield then denied the claim. After Persinger appealed the denial, which was subsequently denied, she filed suit. Ultimately the case settled, 2022
- Syed v. Metropolitan Life Insurance Company; 2022 WL 2759070: This lawsuit was brought forth after an administrative appeal was denied. Plaintiff, Syed asserted that when he moved his money from his employer retirement plan directly into an individual retirement account it was not "Other Income" as defined in his policy and therefore MetLife could not use it as an offset against his employer provided (ERISA) long term disability benefits. The court agreed with Syed, that he had not "received" the money, because it was paid directly from his employer's retirement account into an IRS approved IRA and therefore Syed did not receive the money and it could not be considered other income under policy terms, 2022
- Berg v. The Lincoln National Life Insurance Company, USDC Eastern District of Washington; Civil Action: 2:24-CV-00097. After paying Berg for 24-months, Lincoln terminated Berg's employer provided (ERISA) long term disability benefits after not considering all the evidence. Berg filed suit and the court ruled in her favor, 2025
Educational Background
- State University of New York, Albany, Honors: magna cum laude, 1977
Scholarly Lectures / Writings
- Berg v. The Lincoln National Life Insurance Company, 2025 WL 252481 (E.D. WA January 21, 2025)
- Brooks v. State Personnel Board, 222 Cal. App. 3d 1068 (1990)
- Hartford Life & Accident Ins. Co. v. Haili Kowalski, et al. (Marilyne Valois), 2024 WL 4678055 (9th Cir. November 5, 2024)
- Liu v. Kaiser Permanente Employees Pension Plan for the Permanente Medical Group, Inc., et al., 2024 WL 3090483, Case No. 23-cv-03109-AMO, (N.D. Cal. June 20, 2024)
- Robert Perez v. Unum Life Insurance Company of America, 2022 WL 6173217 (N.D. Cal. October 7, 2022)
- Baseem Syed v. Metropolitan Life Insurance Company, 2022 WL 2759070 (S.D. Cal. July 14, 2022
- Winburn v. Hartford Life & Accident Insurance Company, 2020 WL 3642493 (E.D. Cal. July 6, 2020)
- Tornincasa v. Liberty Life Assurance Co. of Boston, 2020 WL 2556905 (E.D. Cal. May 20, 2020)
- Dallenbach v. Standard Insurance Company, 2020 WL 1430036 (D. Nv March 24, 2020)
- Reichard v. United of Omaha Life Ins. Co., 805 Fed. Appx. 111 (3rd Cir. 2020)
- Khan v. Provident Life & Accident Ins. Co., 386 F. Supp. 3d 251 (W.D. N.Y. 2019)
- Khan v. Provident Life & Accident Ins. Co., 2019 U.S. Dist. LEXIS 59204 (W.D. N.Y. April 5, 2019)
- Woodward Park Homeowners Association v. Garreks, Inc., 77 Cal. App. 4th 880 (2000)
- Randi W. v. Muroc Joint Unified School District, 14 Cal. 4th 1066 (1997)
- Cutler-Orosi Unified School District v. Tulare County School District, etc., Authority, 31 Cal. App. 4th 617 (1994)
- Espinoza v. Machonga, 9 Cal. App. 4th 268 (1992)
- Kantor v. Housing Authority, 8 Cal. App. 4th 424 (1992)
Honors
- AV Preeminent* peer-review rating through Martindale-Hubbell
Selections
- Super Lawyers: 2023 - 2026