Since he joined Kelly, Hockel & Klein, P.C., in 1999, the primary focus of Mr. Hockel’s practice has been counseling and representing insurers in disability insurance matters, including bad faith and ERISA litigation. His practice also includes an emphasis on employment counseling and litigation.

EMAIL THOMAS K. HOCKEL

Education

• University of the Pacific, McGeorge School of Law, Sacramento, California, Juris Doctor, May 1994
• Award for Excellence in Oral Advocacy, International Moot Court Competition.
• Assisted U.S. Attorney’s Office in defense of ground-breaking sexual harassment case against the Department of Agriculture.
• University of San Francisco, San Francisco, California
• Bachelor of Arts, Philosophy 1987, magna cum laude
• Graduate of the Saint Ignatius Institute, a four-year interdisciplinary curriculum providing intensive study of literature, philosophy, history, and theology
• University of Innsbruck, Innsbruck Austria
• Studied abroad from 1985 to 1987 at the University of Innsbruck, Austria. All lectures, courses, and examinations conducted in German.

Admissions

• Admitted to California Bar, December 1994.
• Admitted to practice in all California state courts, the Ninth Circuit Court of Appeals, and the United States District Court for the Northern, Eastern, Central, and Southern Districts of California.

Experience

• Broad experience representing defendants and plaintiffs in all aspects of civil litigation in state and federal courts.
• Extensive representation of national disability insurers in all phases of breach of contract and first party bad faith litigation throughout California, from removal through jury trials.
• Counsels and represents employee welfare benefit plan administrators in ERISA litigation.
• Successfully resolves disputes through mediation, arbitration, or direct negotiations.
• Provides counseling and training on California bad faith and employment law issues.

Litigation Achievements & Successes

• On April 23, 2009, Jonathan Allan Klein and Tom Hockel, on behalf of Rite Aid Corporation, successfully defended an appeal by Plaintiff against Rite Aid’s costs recovery following Plaintiff’s dismissal.  The First District Court of Appeal held that defendants seeking costs after plaintiff’s voluntary dismissal did not have to file a proposed judgment together with memorandum of costs.  A copy of the opinion is attached here.
• Successfully defended major disability insurer in a six-week bad faith jury trial in state court. Complete defense verdict in favor of insurer.
• Assisted in successfully prosecuting restitution counterclaim on behalf of insurer in bad faith case, resulting in a $600,000 judgment against malingering insured.
• Secured a $1,010,000.00 jury verdict for plaintiff in an invasion of privacy case.
• Prosecuted complex First Amendment litigation, including successful constitutional challenge to California’s campaign finance restrictions (Proposition 208).

Affiliations and Memberships

• California State Bar
• Defense Research Institute
• San Francisco Bar Association
• St. Thomas More Society of San Francisco

Publications

• “Does a Disability Insurance Policy Really Mean What it Says? Understanding and Applying the Terms Total and Residual Disability,” California Insurance Law & Regulation Reporter, March 2003 (Vol. 15)

Hobbies and Interests

• Former eighth grade teacher
• Songwriter and vocalist; sings, plays guitar and keyboards in local band
• Enjoys literature, poetry, sports (S.F. Giants & Oakland Raiders), and cooking
• Married with six (yes, six!) sons