Overview

Nicole Wixted is regarded for her steadfast representation and counseling of insurance and financial services industry clients on a wide array of issues. An experienced commercial litigator, Nicole represents clients in disputes in state and federal courts nationwide, with significant experience in civil and appellate litigation.

Insurance

Nicole counsels insurers and brokerage general agencies on issues relating to life and property casualty insurance and vigorously defends their interests in litigation. She has extensive experience with producer issues, premium financing, cost of insurance, fraud, lapse, beneficiary disputes, interpleaders, suitability, the secondary market for life insurance, and stranger and investor originated life insurance (STOLI/IOLI). She also advises and litigates on issues related to claims handling, suitability, market conduct and issuance of insurance to foreign nationals.

For property and casualty insurers, Nicole handles first- and third-party claims, and coverage disputes involving, inter alia, construction defects, product liability, business interruption and premises liability. As a member of the firm’s Property and Casualty Insurance team, Nicole is closely monitoring developments related to business interruption coverage claims amidst the COVID-19 outbreak to effectively assist clients in managing and defending such claims.

Annuities

Insurance and annuity companies turn to Nicole in disputes arising from the attempted assignment of annuity payments, third-party garnishments, improper payee claims, unauthorized withdrawals, interpleader claims, beneficiary disputes and overpayment recovery in jurisdictions throughout the United States. Nicole is versed in issues relating to structured settlements, including transfer of the payment rights thereunder.

Commercial Litigation

Nicole represents companies of all types in business disputes and in defending against class actions. She has counseled and represented financial industry clients in connection with improper fund withdrawal and payment claims, handled tax shelter-related claims for plan administers, and defended an international software manufacturer in alleged improper product implementation. In connection with a health care acquisition, Nicole defended against claims seeking a retroactive $65 million capitation payment.

After law school, Nicole clerked for the Honorable Lee B. Laskin of the Superior Court of the State of New Jersey in Camden.

Representative Experience

  • Obtained a dismissal of claims brought by a payee against an annuity issuer for following the payee’s instructions and making payments pursuant to an assignment agreement entered into by the payee in Connecticut General Life Insurance Company v. Edward S. Feldman & Penn Mortgage Company, Inc., No. WMN-14-03670, 2015 U.S. Dist. LEXIS 85383 (D. Md. July 1, 2015)
  • Obtained an award of fees and costs in an interpleader action on behalf of an annuity issuer in Connecticut General Life Insurance Company v. Edward S. Feldman & Penn Mortgage Company, Inc., No. WMN-14-03670, 2015 U.S. Dist. LEXIS 85383 (D. Md. July 1, 2015)
  • Obtained the denial of proposed transfers of workers’ compensation related annuity payments
  • Obtained the dismissal of insurer in action by conservator alleging improper distribution of funds under an annuity
  • Obtained the denial of motions seeking to dismiss STOLI and/or misrepresentation claims by insurance companies
  • Obtained the resolution of various tax shelter claims asserted against plan administrator
  • Obtained the resolution of a lawsuit seeking $65 million in damages arising out of retroactive capitation payments in connection with the acquisition of a health maintenance organization
  • Obtained denial of TRO seeking to enjoin client from participating in settlement discussions in another lawsuit
  • Obtained resolution for client in pro bono matter in connection with a violation of a final restraining by negotiating a plea agreement for time served and probation
  • Resolved issues relating to subpoenas served by Osage Agency
  • Obtained denial of motion to quash subpoena

Personal Interests

Raised in Virginia, Nicole lives in Moorestown, New Jersey, with her husband and four young children.

Credentials

Bar Admissions

New Jersey
Pennsylvania

Court Admissions

U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey

Education

Rutgers School of Law - Camden
J.D. Journal of Law and Urban Policy (2005)

Wesley College
B.S. cum laude (2002)

Insights & Events

Other Perspectives

Presentations

  • Market Misconduct  Client CLE (2013)
  • The Changing Face of Fraud: Rebating and Other Schemes — Nicole participated in a panel with leading compliance professionals concerning the emergence and evolution of producer rebating schemes for Drinker Biddle & Reath LLP's "Anticipating Tomorrow: A Symposium on Emerging Legal Issues in Life Insurance." (December 2011)
  • Driver's Education: Best Practices for Top Producers on the New Financial Highway — Nicole led an interactive discussion on potential regulatory and litigation pitfalls for top producers in the aftermath of the recent "Great Recession." (October 2011)
  • Producer Workshop — Nicole led a discussion at the AALU Annual Meeting that identified key compliance issues for top producers, using recent lawsuits to show worst case scenarios. (May 2011) 
  • Conditions Precedent — Client event (2011)

Leadership & Community

Pro Bono

  • Obtained resolution for client in connection with a violation of a final restraining by negotiating a plea agreement for time served and probation
  • Assisted individual in personal bankruptcy matter and subsequent claims from creditors following resolution of bankruptcy
  • Interpreted by-laws and governing agreements of educational nonprofit organizations
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