Benjamin S. McIntosh

Principal
Bank of America Plaza
800 Market Street
Suite 1100
St. Louis, MO 63101-2501
314-242-5386
314-242-5586

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Ben is an experienced litigator with a proven track record of prevailing on important appellate matters in state and federal court.

Ben McIntosh is a principal at Brown & James, P.C., practicing in the areas of insurance coverage, complex business litigation, first-party uninsured/underinsured motorist claims, and class actions. He defends a variety of class-action matters, providing counsel to his clients regarding strategy to prevent class certification through creative legal arguments or by enforcing arbitration agreements. In this capacity, Ben represents his clients at both the trial and appellate levels.

Likewise, Ben has a proven track record in prevailing in important federal appeals. For example, in the first-party UM/UIM context, Ben recently obtained an excellent result for his insurer client in the federal Eighth Circuit Court of Appeals. In that case, Ben secured summary judgment when the trial court agreed that the insured forfeited the right to coverage because she violated the policy’s cooperation clause by refusing to submit to an examination under oath. The Eighth Circuit agreed, affirming summary judgment and issuing an opinion that touched on important questions that will have a far-reaching impact in protecting an insurer’s right to obtain all the information it needs to investigate and make a decision on a claim.

Ben also has significant experience in representing insurance clients in affirmative litigation, providing counsel to insurers on strategies to combat insurance fraud, including claims involving medical billing fraud, staged losses, and first-party property damage fraud (such as auto glass or body shop work). Insurers often call upon him for counsel regarding the use of federal and state Racketeer Influenced and Corrupt Organizations Act (RICO) actions or other methods to prevent insurance fraud in jurisdictions throughout the country.

Additionally, Ben represents the interests of insurance agents in litigation, including claims alleging misappropriation of trade secrets, non-compete agreements, allegations of selling insurance across state lines without appropriate licensure, and contract disputes.

Ben has lectured on insurance coverage, tools for handling and defending first- and third-party claims in Missouri, bad faith litigation, and strategies and causes of action for combatting insurance fraud.

Ben lives with his family in South St. Louis City and is the proud father of two girls. Originally from Minnesota, he came to St. Louis for law school where he met his wife and eventually made St. Louis his home. When away from work, he loves spending time with his girls, hiking on Missouri’s many fantastic trails, playing guitar, and going to breweries with friends.

Results

Successful Missouri Supreme Court argument for client affirming trial court’s granting of a motion to compel arbitration in a class-action lawsuit. Car Credit, Inc. v. Cathy Pitts, No. SC99335 (Mo.banc Apr. 26, 2022)

Secured summary judgment for insurer based on insured’s violation of the cooperation clause by failing to submit to an examination under oath. Affirmed on appeal in published decision by the U.S. Court of Appeals for the Eighth Circuit. McClune v. Farmers Ins. Co., Inc., No. 20-1768, 2021 WL 4125784, at *3 (8th Cir. Sept. 10, 2021).

Dismissal of federal copyright action based on Court’s granting of pre-trial motion for sanctions. Rolwes v. G’Sell Homes.

Secured partial summary judgment for commercial tenant in claim by landlord seeking indemnification against the tenant. Harrison v. Gassmann, et al.

Achievements

Graduated SLU Law in 2015 cum laude
Best Lawyers – Ones to Watch – 2020 and 2021

Academic Honors and Activities

Academic Excellence Awards in Founders’ Constitution and Civil Practice

Languages

Spanish

More About Benjamin

Education

  • Saint Louis University School of Law (J.D., cum laude, 2015)
  • University of St. Thomas (B.A., Political Science and Spanish, magna cum laude, 2012)

Bar Admissions

  • Missouri
  • Illinois
  • U.S. District Court for the Eastern District of Missouri

Recent Achievements

  • Ones to Watch - Commercial Litigation, The Best Lawyers in America (2021-2022)

Professional Affiliations

  • St. Louis County Bar Association

Speaking

  • Presenter, "Prescription for Complications: The Impact of Missouri's New Medical Marijuana Law on Workplace and Injury Claims," Brown & James General Defense and Insurance Law Symposium, January 2019