Attorney Profiles

Robert Edward Hoskins
Greenville, South Carolina

Partner
phone	(864) 242-6200
fax	(864) 233-0290
email	Email Me

Robert "Rob" Hoskins has been handling ERISA claims for almost as long as he has been practicing law. (He graduated from law school in 1989.) He handled his first ERISA case in 1991 and won his first "big" ERISA case in 1992. Since then, he has handled literally thousands of ERISA and insurance cases of about every type imaginable. He regularly handles ERISA and insurance claims involving long term disability, health insurance, life insurance, accidental death and pension/retirement matters. He has handled a number of notable ERISA and insurance cases before various courts including the United States Supreme Court. He has, also, written and lectured extensively on ERISA as described below. He is peer review rated AV Preeminent 5.0 out of 5 by Martindale-Hubbell, which is the highest rating available for legal skill and ethics.1 He has, also, been recognized as one of the top ERISA and Employee Benefits lawyers in South Carolina in the 2008 and 2009 publications of SuperLawyers.2 Finally, Mr. Hoskins is listed in the publication The Best Lawyers in America (2010) in the practice area "employee benefits".3 Mr. Hoskins also volunteers as an administrator for the popular ERISA website ERISABoard.com (which is viewable by registered attorneys only).

1 Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

2 Selections are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, Minn. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by Law & Politics' attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Attorneys do not pay for the honor of inclusion and the only way a lawyer can be included is through the selection process.

3 Since its inception in 1983, Best Lawyers has been regarded as a definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 32,000 attorneys cast almost two million votes on the legal abilities of other lawyers in their areas of practice, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice".

Published Works:
Article, Long Term Disability Offsets: What to Look for From a Claimant's Perspective, South Carolina Lawyer Magazine, September 2009

Article, Subrogation Rights Under E.R.I.S.A. Governed Health Plans, SC Lawyer Magazine, 2005

Article, What Are a Health Insurer's Rights to Subrogate Against Your Client's Tort Recovery?, SC Trial Lawyers Magazine, Spring, 1998

Course Materials, What Are a Health Insurer's Rights to Subrogate Against Your Client's Tort Recovery?, NC Trial Lawyers Academy Publications, 2004

Course Materials, E.R.I.S.A. from the Plaintiff's Perspective, SC Bar Publications, 1997

Course Materials, Special Issues in Advanced E.R.I.S.A. Litigation, NC Academy of Trial Lawyers Publications, 2000, 2001

Course Materials, Bad Faith Litigation in South Carolina, National Business Institute Publications, 2003

Course Materials, Collection Law for the Healthcare Industry: E.R.I.S.A. from the Claimant's Perspective, Lorman Publications, 2002

Course Materials, Settling Uninsured and Underinsured Motorist Claims: Prosecute UM/UIM Claims With Confidence, National Business Institute Publications, 2006

Areas of Practice:: Employment Law -- Employee; Americans with Disabilities Act -- Employee; Employee Retirement Income Security Act (ERISA) -- Employee; Family Medical Leave Act (FMLA) -- Employee; Pensions, Benefits & Compensations -- Employee; Employee Retirement Income Security Act (ERISA) -- Employer; Health & Health Care Law; Disability; Insurance Law; Bad Faith Insurance; Commercial Insurance; Life & Health

Litigation Percentage:: 100% of Practice Devoted to Litigation

Bar Admissions:: South Carolina, 1990; U.S. District Court District of South Carolina, 1990; U.S. Court of Federal Claims, 1996; U.S. Court of Appeals 4th Circuit, 1991; U.S. Court of Appeals 6th Circuit, 1994; U.S. Court of Appeals 11th Circuit, 1994; U.S. Supreme Court, 1996

Education:: University of South Carolina School of Law, Columbia, South Carolina
J.D.; University of South Carolina, Columbia, South Carolina
B.A.
Major: History

Representative Cases:: LaRue v. DeWolff, Boberg & Associates, Inc., et. al., 128 S. Ct. 1020, 169 L.Ed.2d 847 ( 2008); Carden v. Aetna Life Insurance Company, 559 F.3d 256 (4th Cir. 2009); White v. Eaton Corporation Short Term Disability Plan, et. al., 2009 U.S. App. LEXIS 1019 (4th Cir. 2009); Jerry Isaacs v. Metropolitan Life Insurance Company, 2008 U.S. App. LEXIS 12584 (4th Cir. 2008); Evans v. Eaton Corporation Long Term Disability Plan, 514 F.3d 315 (4th Cir. 2008); Wilson v. Phoenix Specialty Manufacturing Co., 513 F.3d 378 (4th Cir. 2008); Donovan v. Eaton Corporation Long Term Disability Plan, 462 F.3d 321 (4th Cir. 2006); Colucci v. Agfa Corporation Severance Pay Plan, 431 F.3d 170 (4th Cir. 2005); Gayle v. United Parcel Service, Incorporated; Flexible Benefits Plan-United Parcel Service Long Term Disability Plan, 401 F.3d 222 (4th Cir. 2005); Bynum v. CIGNA HealthCare of NC, Inc., 287 F.3d 305 (4th Cir. 2002); Holder v. Woodmen of the World, 248 F.3d 1134 (4th Cir. 2001); Lown v. Continental Casualty Company, 238 F.3d 543 (4th Cir. 2001); Tester v. Reliance Standard Life Insurance Company, 228 F.3d 372 (4th Cir. 2000); Cothran v. Reliance Standard Life Ins. Co., 1999 U.S. App. LEXIS 31588 (4th Cir. 1999); Rogers v. Department of Health & Environmental Control, 174 F.3d 431 (4th Cir. 1999); Lewis v. Trustmark lns. Co., 1999 U.S. App. LEXIS 15746 (4th Cir. 1999); Graef v. Retirement Income Plan for Employees of Albemarle Corp., 1998 U.S. App. LEXIS 31582,22 E.B.C. 2280 (4th Cir. 1998); Roberts v. National Health Corp., 1998 U.S. App. LEXIS 446, 21 E.B.C. 2918 (4th Cir. 1998); Austell v. Raymond James & Associates, 120 F.3d 32 (4th Cir. 1997); Bailey v. Blue Cross & Blue Shield of Virginia, 67 F.3d 53 (4th Cir. 1995); Wilson v. Office of Civilian Health & Med. Programs of the Uniformed Servs., 65 F.3d 361 (4th Cir. 1995); Wheeler v. Dynamic Engineering, Inc., 62 F.3d 634 (4th Cir. 1995); Hendricks v. Central Reserve Life Ins. Co., 39 F.3d 507 (4th Cir. 1994); Hayes v. Quiros, 947 F.2d 941, 1991 U.S. App. LEXIS 25408 (4th Cir. 1991); Killian v. Healthsource Provident Administrators, Inc., 152 F.3d 514 (6th Cir. 1998); Physicians Multispecialty Group v. Horton Homes, 371 F.3d 1291 (11th Cir. 2004 2004); Mire v. Blue Cross Blue Shield of Florida, 43 F.3d 567 (11th Cir. 1994); Mire v. Blue Cross/Blue Shield of Florida, 1994 U.S. App. LEXIS 34683 (11th Cir. 1994); Catledge v. Aetna Life Ins. Co., 594 F.Supp.2d 610 (D.S.C. 2009); Turner v. The Retirement and Benefit Plans Committee Robert Bosch Corporation, 585 F.Supp.2d 692 (D.S.C. 2007); Whitley v. Carolina Care Plan, Inc., 2006 U.S. Dist. LEXIS 93802 (D.S.C. 2006); Smith v. Westvaco Corp. Voluntary Employees Beneficiary Assoc. Long Term Disability Plan, 399 F.Supp.2d 692 (D.S.C. 2005); Consolidated Insured Benefits, Inc. and Ronald F. English v. Conseco Medical Insurance Company, a Foreign Corporation, 370 F.Supp.2d 397 (D.S.C. 2004); Disability Plan and United Parcel Service, Inc., 318 F.Supp.2d 328 (D.S.C. 2004); Bauman v. MILA National Health Benefit Plan, 2004 W.L. 2453951 (D.S.C. 2004); Abercrombie v. Continental Casualty Company, 295 F.Supp.2d 604 (D.S.C. 2003); Russell v. UNUM Life Ins. Co. of America, 40 F. Supp.2d 747 (D.S.C. 1999); Porter v. Metropolitan Life Ins. Co., 17 F. Supp. 2d 500 (D.S.C. 1998); Rogers v. Department of Health & Environmental Control, 985 F.Supp. 635 (D.S.C. 1997); Roberts v. National Health Corp., 963 F. Supp. 512 (D.S.C. 1997); Austellv. Raymond James & Assoc., 1996 U.S. Dist. LEXIS 21810 (D.S.C. 1996); Response Oncology, Inc. v. The Metrahealth Inc. Co., 978 F. Supp. 1052 (S.D. Fla. 1997); Mattive v. Healthsource of Savannah, Inc., 893 F. Supp. 1559 (S.D. Ga. 1995); Bailey v. Blue Cross/Blue Shield of Virginia, 878 F.Supp. 54 (E.D. Va. 1995); Whitehead v. Federal Express Corp., 878 F.Supp. 1066 (W.D. Tenn. 1994); Bailey v. Blue Cross/Blue Shield of Virginia, 866 F.Supp. 277 (E.D. Va. 1994); Wilson v. Office of the Civilian Health & Med. Program of the Uniformed Servs., 866 F.Supp. 903 (E.D. Va. 1994); Wilson v. Office of the Civilian Health of Med. Program of the Uniformed Servs., 866 F.Supp. 931 (E.D. Va. 1994); Hasty v. Central States, Southeast & Southwest Areas Health & Welfare Fund, 859 F.Supp. 339 (N.D. Ind. 1994); Gripkey v. Mail Handlers Benefit Plan and Civilian Health and Medical Programs of the Uniformed Services (CHAMPUS), 1994 U.S. Dist. LEXIS 20619 (D.S.C. 1994); Mashburn v. Mail Handlers Ben. Plan, 18 E.B.C. 2668 (M.D. Tenn. 1994); Hasty v. Central States, Southeast & Southwest Areas Health & Welfare Fund, 851 F.Supp. 1250 (N.D. Ind. 1994); Wheeler v. Dynamic Engineering, Inc., 850 F.Supp. 459 (E.D. Va. 1994); Hawkins v. Mail Handlers Ben. Plan & Civilian Health & Med Programs of the Uniformed Servs., 18 E.B.C. 2571 (W.D.N.C. 1994); Moser v. Gosnell, 334 S.C. 425, 513 S.E.2d 123 (Ct. App. 1999); Nelms v. Walgreen Co., 1999 Tenn. App. LEXIS 437 (Tenn. Ct. App. 1999); Response Technologies, Inc. v. BCBS of Missouri, 941 S.W.2d 771 (Mo. Ct. App. 1997); Worley v. Yarborough Ford, Inc., 317 S.C. 206, 452 S.E.2d 622 (Ct. App. 1994); Frady v. Student Load Servicing Ct., 313 S.C. 561, 443 S.E.2d 580 (Ct. App. 1994); Spinx Oil Co. v. Federated Mut. Ins. Co., 310 S.C. 477, 427 S.E.2d 649 (S.C. 1993); Greenville Income Ptnrs. v. Holman, 308 S.C. 105, 417 S.E.2d 107 (Ct. App. 1992); Crooks v. South Carolina Budget and Control Board, South Carolina Retirement Systems, 2005 W.L. 3308546 (S.C. Admin. Law Judge Div. 2005)

Classes/Seminars Taught:: Guest Speaker, Ninth Annual Health Care Law Seminar, SC Bar CLE Presentation, 1996; Guest Speaker, E.R.I.S.A. from the Plaintiff's Perspective, SC Bar C.L.E. Presentation, 1997; Guest Lecturer on E.R.I.S.A., University of South Carolina School of Law, 1998 - 2000; Guest Speaker, ERISA from the Plaintiff's Perspective, SC Trial Lawyers Convention, 1998; Guest Speaker, 15th Annual NC/SC Labor & Employment Law Seminar, 1999; Guest Speaker, CANCER: KEYS TO SURVIVORSHIP Conference, Topic: Health Insurance Claims, Columbia, SC, The Leukemia & Lymphoma Society, 2000; Panel Member and Guest Speaker, Collection Law for Healthcare Industry,Greenville, SC, LORMAN sponsored CLE, 2000; Guest Speaker, ERISA Roundtable, NC Academy of Trial Lawyers, Raleigh, NC, 2000; Guest Speaker, Identifying and Handling Long Term Disability Cases for Your Social Security Clients, SC Trial Lawyers Annual Convention, 2000; Guest Speaker, Identifying and Handling Long Term Disability Cases for Workers' Compensation Clients, SC Trial Lawyers Annual Convention, 2001; Guest Speaker, Advanced ERISA Techniques, NC Trial Lawyers Association CLE, 2001; Panel Member and Guest Speaker, SC Workman's Compensation Educational Association Seminar, Charleston, SC, 2002; Guest Speaker, ERISA for Trial Lawyers Seminar, NC Trial Lawyers Association CLE, 2002; Guest Speaker, Collection Law for the Healthcare Industry in South Carolina, ERISA from the Claimant's Perspective, Lorman Sponsored CLE, Greenville, SC, 2002; Panel Member, Second Annual Federal Practice in the District of South Carolina, Ethical Consideration for Federal Practitioners, Columbia, SC, South Carolina Bar sponsored CLE, 2003; Guest Speaker, 19th Annual North Carolina / South Carolina Employment and Labor Law Update, E.R.I.S.A., Charleston, SC, South Carolina and North Carolina Bars sponsored CLE, 2003; Guest Speaker, Bad Faith Litigation in South Carolina, Bad Faith, National Business Institute sponsored CLE, 2003; Guest Speaker, What Are A Health Insurers Rights to Subrogate Against Your Client's Tort Recovery?, NC Academy of Trial Lawyers sponsored CLE, 2004; Guest Speaker, Bad Faith Litigation in South Carolina, National Business Institute Sponsored CLE, 2004; Guest Speaker, Employment Law Seminar; "E.R.I.S.A. Update", Greenville County Bar Association CLE Presentation, 2005; Guest Speaker, Settling Uninsured and Underinsured Motorist Claims; "Prosecute UM/UIM Claims With Confidence", National Business Institute, 2006; Guest Speaker, "Breach of Fiduciary Duties and Remedies Under ERISA," Hilton Head Island, SC, SCTLA 2007 Annual Convention, 2007; Guest Speaker, "Ethical Handling of Denied and Disputed Claims Including Lien Issues", Grove Park Inn, Asheville, NC, SC Claimant Attorneys for Workers' Compensation, 2007; Guest Speaker, "ERISA Fraud: Comply with New 401(k) Rules and Prevent Plan Mismanagement", CCM Nationwide Teleconference for HR Professionals, February 6, 2008; Guest Speaker, "Litigating ERISA Claims" CLE, Columbia, SC, National Business Institute, February 25, 2008; Guest Speaker, "LaRue v. DeWolff, Boberg & Associates", CCM Nationwide Teleconference for HR Professionals, April 11, 2008; Guest Speaker, "The Injured Party's Perspective", Columbia, SC, South Carolina Bar Sponsored CLE, May 2, 2008; Guest Speaker, "ERISA: Impact of the Supreme Court Decision in LaRue v. DeWolff on Your Practice, Charlotte, North Carolina, Mecklenburg County Bar, May 9, 2008; Guest Speaker, "Recent Developments in Employment & Labor Law", Columbia, South Carolina, South Carolina Bar Sponsored CLE, May 21, 2008; Guest Speaker, "Employment Laws Made Simple", National Business Institute, June 4, 2008; Guest Speaker, "Advanced Employment Law", National Business Institute, October 2, 2008; Guest Speaker, "Insurance Coverage Litigation", National Business Institute, December 16, 2008 - December 18, 2008; Guest Speaker, "Litigating ERISA Claims", National Business Institute, February 11, 2009; Guest Speaker, "Juries: The Wildcard at Issue (Mock Trial), ABA Annual Convention, Chicago, Illinois, August 2, 2009; Guest Speaker, "Advanced Uninsured/Underinsured Motorist Law", National Business Institute, October 7, 2009; Guest Speaker, "Insurance Coverage Litigation", National Business Institute, December 8, 2009 - December 9, 2009