General Professional Experience:
I am an attorney admitted to the State Bars of Texas and California, as well as the U.S. Supreme Court and several Federal Circuit and District Courts.
In 1984, I was board-certified as a Civil Trial Specialist by the Texas Board of Legal Specialization. (Now Inactive Status).
I served as a USAF Judge Advocate from 1968 to 1973. I was certified as a trial counsel, defense counsel, and a military judge. I was awarded the National Defense Service Medal, the Small Arms Expert Marksmanship Ribbon, the Outstanding Unit Citation, the Presidential Unit Citation (with bronze oak leaf), the USAF Commendation Medal, and the United States Meritorious Service Medal.
I resigned my commission to enter private practice and became a business litigation attorney. I tried many cases involving business issues, including real estate and construction disputes, contract disputes, and general business issues. I became nationally known for my expertise with insurance insolvency matters.
My positions have included:
Senior Partner of Rubinstein & Perry LLP
Chief Counsel for the Texas Insurance Liquidator in the Mobile County Mutual and Mobile Insurance Company cases.
Arkansas Insurance Commissioner's Chief Counsel in the multi-billion dollar insolvency of the Baldwin United insurance companies. Among other duties, I handled the court proceedings for, and was one of the principal designers of, the successful rehabilitation plan.
Special Deputy Insurance Commissioner and the California Insurance Commissioner's Chief counsel in regard to the Mission Insurance Companies, Executive Life Insurance Company and Golden Eagle Insurance Company.
Supervisor and Chief Deputy Rehabilitator for the Ohio Insurance Department in the Credit General Insurance Company matter.
I was lead counsel for the California Insurance Commissioner regarding the Proposition 103 Auto Insurance rate rollback litigation.
I also often acted as a Special Examiner for the California Department. These assignments included examination of Holocaust Era insurers who were refusing to recognize Holocaust survivor claims, examination of the client escrow practices numerous title insurance companies, examination of the market conduct of insurers responsible for Northridge Earthquake claims, and insurer solvency status.
I have thirty-two reported appellate decisions including:
Central Bank v. Harris, 623 S.W.2nd 807 (Tex. App. 1981)
Baldwin-United Corp. v. Garner, 283 Ark. 385, 678 S.W.2nd 754 (1984)
Mendel v. Garner, 283 Ark. 473, 678 S.W.2nd 759 (1984)
Whitson v. Harris, 682 S.W.2nd 423 (Tex. App. 1984)
Stoller v. Baldwin-United Corp. 41 B.R. 884 (S.D. Ohio 1984)
In Re Liquidation of Reserve Ins. Co. et al. 122 Ill. 2nd 555, 524 N.E.2nd 538 (1988)
In re Liquidation of Security Casualty Co., 127 Ill.2nd 434, 537 N.E.2nd 775 (1989)
Ohio Reinsurance Corp. v. Pacific Reinsurance Management Corp., No. 85 Civ. 1412 JFK) 1990 U.S. Dist. LEXIS 15169, 1990 WL 180181 (S.D.N.Y. November 13, 1990)
Walton Ins. Co. v. Chase Manhattan Bank, No. 90 Civ. 4714, 4715, 4797 & 4798 (JFK), 1990 U.S. Dist. LEXIS 10490 WL 121555 (S.D.N.Y. August 14, 1990)
California Automobile Assigned Risk Plan v. Garamendi, 232 Cal. App. 3d 904, 283 Cal. Rptr. 562 (1991)
Prudential Reinsurance Co. v. Superior Court (Garamendi), 3 Cal.4th 1118, 13 Cal. Rptr. 2nd 749, 842 P.2nd 48 (1992).
Texas Commerce Bank v. Garamendi 11 Cal. App. 4th 460, 14 Cal.Rptr.2nd 854 (1992)
Checker Motors Corp. v. Superior Court (Garamendi) 13 Cal. App. 4th 1007, 17 Cal. Rptr.2d 618 (1993)
Commercial Nat'l. Bank in Shreveport v. Superior Court (Garamendi), 14 Cal. App. 4th 393, 17 Cal. Rptr.2nd 884 (1993)
Garamendi v. Executive Life Ins. Co., 17 Cal. App 4th 504, 21 Cal.Rptr.2nd 578 (1993)
Garamendi v. Mission Ins. Co. (Missouri Ins. Guar. Ass'n), 15 Cal. 4th 1277, 19 Cal. Rptr.2nd 190 (1993)
Morgan Stanley Mortgage Capital Inc. v. Insurance Comm'r, 18 F.3d 7900 (9th Cir. 1994)
Sunburst Bank v. Executive Life Ins. Co. 24 cal. App.4th 1156, 29 Cal.Rptr.2nd 734 (1994)
Texas Commerce Bank-El Paso, N.A. v. Garamendi, 28 Cal. App. 4th 1234, 34 Cal. Rptr.2nd 155 (1994)
In re Executive Life 32 Cal. App.4th 344, 38 Cal. Rptr. 2nd 453 (1995)
Garamendi v. Allstate Ins. Co., 47 F.3d 350 (9th Cir. 1995)
In Re Mission Ins. Co. 41 Cal App. 4th 828, 48 Cal. Rptr. 2nd 809 (1995)
Quackenbush v. Allstate Ins. Co. 517 U.S. 706, 116 S.Ct. 1712, 135 L.Ed.2nd 1 (1996)