Michael P. Cunningham

(MD, DC)

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Contact

mcunningham@fblaw.com

Michael P. Cunningham primarily represents insurers, self-funded plans, and third-party administrators, in federal and state courts, as well as in regulatory proceedings, arbitration, and mediation.

Mr. Cunningham has defended and prosecuted a broad range of cases at the trial and appellate levels, including matters involving ERISA, life insurance, disability insurance, health plans, title insurance, property and casualty insurance, annuities, stop loss insurance, fraud, and other contract, tort, and statutory claims. He has extensive experience briefing insurance matters before the Court of Appeals of Maryland, the United States Courts of Appeals for the Third, Fourth, and District of Columbia Circuits, as well as the United States Supreme Court.

Mr. Cunningham received his undergraduate degree from the University of Maryland Baltimore County and graduated summa cum laude from the University of Baltimore School of Law. He graduated first in his law school class and served as a Comments Editor for the University of Baltimore Law Review (1998-1999). Mr. Cunningham is a member of the Heuisler Honor Society and received awards for the highest marks in Torts I & II, Civil Procedure I, LARW I, Property, Evidence, Business Organizations, Copyrights & the Arts, Domestic Relations, Federal Income Tax, and the Civil Clinic.

He has authored numerous articles and commentaries, including “Too Little, Too Late: When an Untimely Appeal Constitutes Failure to Exhaust Administrative Remedies Under ERISA,” For the Defense (Dec. 2014), and “Life Insurance Remedies: May a Living Insured Recover Damages for an Insurer’s Failure to Provide a Required Grace Period Notice?”, New Appleman on Insurance: Current Critical Issues in Insurance Law (Lexis 2013). Mr. Cunningham also served as a regional editor for “The Law of Life Insurance: Key Issues in Each State,” DRI Defense Library Series (2017), a compendium of life insurance law in each of the 50 states and the District of Columbia. Mr. Cunningham also co-authored “Go On, Take the Money and Run! Equitable Claims for Overpayment of Benefits Under ERISA,” In-House Defense Quarterly (Spring 2015), and Appleman on Insurance Law & Practice, Ch. 83 – Obtaining Life Insurance Coverage: Application, Representations & Warranties (Lexis 2013).

Mr. Cunningham was named a “Rising Star” in Maryland Super Lawyers and is a member of the American Bar Association, Maryland State Bar Association, Bar Association of the District of Columbia, and the Defense Research Institute.