Clinton P. Swift, Attorney

Mr. Swift's law practice concentrates on the defense of fiduciaries and directors and officers of private and public corporations. He is currently defending ERISA plans and their fiduciaries and trustees in both federal and state courts in cases filed in Colorado and Wyoming and has associated in the defense of cases filed in New Mexico and Utah. He has also been retained to advise attorneys in these states regarding ERISA cases and to act as an expert witness in ERISA cases as to attorney's fees claims. These cases involve state law claims and ERISA's preemption together with claims of wrongful denial of life, health, disability, severance, and pension benefits. He represents third party administrators and has been involved in suits against third party administrators alleging breach of fiduciary duty in administration of plans and plan assets. He has defended numerous claims for extra-contractual damages pursuant to state insurance laws.

In his banking practice Mr. Swift represents bank holding companies, independent banks, and investor groups and serves as approved counsel for banking organizations. He is active on behalf of state and national banks in chartering, mergers, acquisitions, and liquidations and in capital raising efforts and securities offerings by banks and holding companies. His practice also includes defending claims against corporate officers and directors and lender liability claims against banks. Mr. Swift has defended banks in regulatory enforcement actions and actions brought by the FDIC and FSLIC against former directors of failed financial institutions. Mr. Swift was a member of the Governor's Task Force on The Division of Banking; he has been a guest speaker at various banking conventions and banking associations in Colorado and Wyoming.

He represents homeowners associations, directors and officers, and property managers in class action suits and suits brought by groups and individual homeowners. The suits involve issues ranging from amendment of declarations to create mandatory membership dues associations, assessments, and covenant violations to issues relating to approvals by architectural review committees and boards of directors.

Prior to entering private practice, Mr. Swift was an Assistant Attorney General to the Colorado Division of Banking, the State Bank Board, and the Colorado Public Utilities Commission. During this period he was responsible for advising the Public Utilities Commission and the Bank Commissioner and the State Bank Board on legislative and industry matters and for formulating and presenting legislation on behalf of the Colorado Division of Banking to the State Legislature. This background assists him in his regulatory practice in both the banking and public utilities areas.

Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey

Insurers have a right to require that those applying for insurance will truthfully answer all questions contained in their application, and they rely on the statements made by an insurance applicant. But what happens when an application for life, health, or disability insurance contains misrepresentations or intentional concealments?

This comprehensive publication provides practitioners in the area of life, health, and disability insurance with a national survey of each of the fifty states, the District of Columbia, and the federal circuits regarding misrepresentations in applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. In addition, the publication will address the evolving issues related to misrepresentations in the context of the Employee Retirement Income Security Act ("ERISA").

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