Related Practices

Education

J.D., magna cum laude, University of Nevada, Las Vegas, William S. Boyd School of Law, 2004
B.A., History, University of Nevada, Las Vegas, 2001

Bar Admissions

Arizona, 2004
Nevada, 2006

Kristina N. Holmstrom

Partner

vCard

Phoenix

40 North Central Avenue
Suite 1900
Phoenix, Arizona 85004

Las Vegas

3993 Howard Hughes Pkwy.
Suite 600
Las Vegas, Nevada 89169

Phone 602.262.5762

Fax 602.734.3875

702.949.8200

702.949.8398

About Kristina Holmstrom

Kristina N. Holmstrom is a litigation partner focusing mostly on defending insurance companies in the life, health, disability and property areas. She is licensed in Arizona and Nevada and litigates extensively in both states.

Ms. Holmstrom has significant experience representing claim administrators in complex ERISA matters, including drafting comprehensive briefs and arguing the merits of disability and life insurance cases. For her ERISA clients, she has obtained summary judgment on administrative and bankruptcy issues as well as judgment on the administrative record. She keeps up-to-date on the rapidly developing and often conflicting ERISA opinions coming out of the Ninth Circuit so she can help her clients develop the most appropriate defense strategy.

She regularly defends her insurance clients in coverage and bad faith lawsuits. In addition to defending lawsuits, her experience includes filing actions to rescind insurance policies or filing counter claims for rescission. Ms. Holmstrom also renders coverage opinions, including opinions for insurers and business owners covering a wide range of potential liabilities.

In addition to general coverage disputes, she also has experience examining the suitability of various life insurance products, including whole life policies and premium-financed life insurance plans. On behalf of her clients, she routinely removes cases from state court to federal court.

Ms. Holmstrom also represents insurance companies in disputes involving property damage and related coverage. Recently, she settled a high-value case involving a dispute over the amount of coverage a commercial property owner had under his policy.

Additionally, Ms. Holmstrom has experience litigating matters outside the insurance context. She began her career at Meyer Hendricks & Bivens, a boutique commercial litigation firm. Since then, she has helped large companies, small businesses and individuals resolve complicated commercial and contract disputes. These matters have involved independent contractors, service contracts and trade secrets.

Ms. Holmstrom frequently takes on pro bono cases involving immigration, prisoners’ rights, and other civil/constitutional rights.

Representative Cases/Matters

Latin v. Perot Systems, 2009 WL 2010728 (9th Cir. 2009). Summary judgment for an ERISA plan because the plaintiff failed to disclose his potential lawsuit when filing for bankruptcy and was therefore stopped from pursuing it.
Ross v. Excel Group Flexible Benefit Plan, 2008 WL 4567229 (D. Ariz. Oct. 14, 2008) upheld on appeal 2011 WL 3489093 (9th Cir. August 10, 2011). Judgment in favor of an ERISA plan on plaintiff’s claim for disability benefits. Specifically, the District of Arizona and the Ninth Circuit agreed that the claim administrator did not abuse its discretion in denying the plaintiff's claim for benefits.
Weber v. Hartford Life and Accident Insurance Co., 2008 WL 3932014 (D. Ariz. Aug. 25, 2008). Disability policy, under which claimant sought benefits, constituted an ERISA plan and the plaintiff’s state law claims were therefore preempted.
Dachtler v. Anderson, 772 F. Supp. 2d 1301 (D. Nev. 2011). Plaintiff’s claims against insurer relating to life insurance benefits were preempted by the Servicemembers’ Group Life Insurance Act (“SGLIA”) and the plaintiff could not state a claim under SGLIA, resulting in a full dismissal of the insurer.
DeBenedictis v. Hartford Life and Accident Insurance Co., 701 F. Supp. 2d 1113 (D. Ariz. 2010). Judgment in favor of an ERISA claim administrator on plaintiff’s claim for disability benefits, both by denying plaintiff additional disability benefits as well as permitting claim administrator to recover overpaid disability benefits from the plaintiff.

Memberships and Affiliations

Health Life & Disability Subcommittee of the ABA Section of Litigation - Insurance Coverage Litigation Committee, Co-Chair (current)
Life Health and Disability Subcommittee of the Defense Research Institute, Member
Arizona Association of Defense Counsel, Board of Directors (current)
Volunteer Lawyers’ Program, Member 2004-2007
Arizona Association of Defense Counsel, Member 2004-2007
Young Lawyers’ Division of the Arizona Bar Association's holiday party for children in group homes, Former Group Home Director and Former Event Co-Chair

Publications

Author, "Group Health Insurance Can Be Sued for Negligence of Providers in Their Networks," ABA Section of Litigation, Insurance Coverage Litigation Committee's Website, January 2012
Co-Author, "ERISA Claims and Tribal Plans," For the Defense, July 2011
Co-Author, Nevada Chapter, "Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey," 2009
Co-Author, "Federal Abstention and Declaratory Judgment Actions," For the Defense, September 2009
Co-Author, "When The Own-Occupation Claimant Has More than One Occupation," Life, Health and Disability News, Fall 2008

Court Admissions

U.S. Court of Appeals, Ninth Circuit, 2011
U.S. District Court, Nevada, 2006
Nevada Supreme Court, 2004
U.S. District Court, Arizona, 2004
Arizona Supreme Court, 2004

Other Distinctions

Ms. Holmstrom is listed in the 2012 edition of Southwest Rising Stars in the category of Employee Benefits/ERISA.

Prior to law school, Ms. Holmstrom worked as a personal trainer, reinforcing her lifelong interest in health and nutrition. She still regularly participates in feats of athleticism, including half-marathons, obstacle races and boxing classes.