Derek’s practice focuses on regulatory litigation on behalf of property and casualty and life and health insurers at the Maryland Insurance Administration and the Maryland Office of Administrative Hearings. He represents insurers in consumer complaints, enforcement and rate hearings, market conduct examinations, and also provides counseling and advice on various regulatory issues, including underwriting, rating, distribution, fraud reporting, unclaimed property, provider reimbursement, and claim settlement practices. Derek also regularly represents managed care organizations in provider reimbursement litigation and in regulatory matters pending at the Maryland Department of Health and the Maryland Insurance Administration.
Since entering private practice, Derek has handled life, health, disability, and long-term care insurance coverage litigation before federal and state courts at both the trial and appellate levels. Derek represents insurers, nonprofit health service plans, and health maintenance organizations in various commercial disputes. He also represents insurers and employee benefit plans in actions governed by ERISA.
Before entering law school, Derek was an Assistant Regional Administrator for the Maryland Institute for Emergency Medical Services Systems. At the University of Baltimore, Derek was Manuscript Editor of the University of Baltimore Law Review. Following graduation, he served from August 1992 to August 1994 as law clerk to the Honorable John J. Bishop, Jr., former Associate Judge of the Court of Special Appeals of Maryland.
From August 1994 through February 1996, Derek was a litigation associate with the Baltimore law firm of Shapiro Sher Guinot & Sandler, P.A. He became associated with Funk&Bolton upon its formation on March 1, 1996.
Representative reported decisions include:
Provident Life & Accident Ins. Co. v. Cohen, 423 F.3d 413 (4th Cir. 2005)
Metz v. Allstate Ins. Co., 164 Md. App. 386 (2005)
Conn. Gen. Life Ins. Co. v. Ins. Comm’r, 371 Md. 455 (2002)
First Penn-Pac. Life Ins. Co. v. Evans, 304 F. 3d 345 (4th Cir. 2002)
Mardirossian v. Paul Revere Life Ins. Co., 286 F.3d 733 (4th Cir. 2002)
Lincoln Nat’l Life Ins. Co. v. Evans, 943 F. Supp. 564 (D. Md. 1996)
Fuller v. Bartlett, 894 F. Supp. 874 (D. Md. 1995)
Pomeroy v. Johns Hopkins Medical Servs., 868 F. Supp. 110 (D. Md. 1994)
Derek has served on the Peer Review Committee since 2011.
Derek is a Life Member of and provides pro bono legal services to The Liberty Road Volunteer Fire Company, Inc. Derek became an EMT and active member of the Fire Company in 1984 and continued serving his community in subsequent years as a Firefighter, Paramedic, Emergency Medical Services Lieutenant, and member of the Board of Directors.
District of Columbia
United States District Courts for the District of Maryland and the District of Columbia
United States Courts of Appeals for the Fourth and District of Columbia Circuits
United States Supreme Court