Dimitri Zgourides
Partner
dzgourides@andrewskurth.com
Suite 4200
Houston TX 77002
P: 713.220.4152
F: 713.238.7206
Download v-cardDimitri has a commercial litigation practice. Since 1995, his practice has focused primarily on managed care and employee benefits litigation. He has represented managed care entities and administrators in all aspects of insurance litigation including ERISA and Medicare benefits disputes, contractual and extra-contractual disputes with providers and hospitals, prompt pay litigation, insurance fraud, and medical liability claims. Dimitri also regularly defends cases involving claims for life and disability benefits. He has tried cases in state and federal courts throughout Texas and has handled a number of complex commercial arbitrations. Before entering private practice, Dimitri served as a briefing attorney for the Chief Justice of the State's Fourteenth Court of Appeals.
Representative Experience
Managed Care/Business Tort Cases:
- Obtained take-nothing jury verdict for health insurance/managed care company in a suit filed by a local hospital in Gulfport, Mississippi, alleging breach of a managed care agreement, breach of the duty of good faith and fair dealing, and mutal and unilateral mistake seeking damages of $1.6 million. The hospital demanded new contract terms after determining that a pricing amendment that it signed had not yielded the increase in revenues that its Director of Managed Care, CEO and Board of Trustees expected. When the managed care company client refused to meet the hospital's demands, the hospital terminated the agreement and filed suit. The jury returned a unamimous verdict in favor of the firm's client. (2007)
- Represented insurance company in business disparagement, tortious interference with business relations case filed by a provider seeking unspecified actual and exemplary damages arising from insurance fraud investigation. After removal from state to federal court, the case was transferred to multi-district litigation and all claims against the firm's client were ultimately dismissed. (2007)
- Represented insurance company in jury trials on defamation claims filed by a provider in which federal district judge granted judgment as a matter of law during cross-examination of the plaintiff. (2005)
- Represented insurance company in defamation case filed by physician seeking $25,000,000 in damages arising from insurance fraud investigation. After removal to federal court, the case was transferred to multi-district litigation and was ultimately dismissed. (2003)
Prompt Pay/Benefits Cases:
- Obtained final summary judgment in case filed by provider seeking damages under Texas "Any Willing Provider Statute" alleging that its claims seeking benefits could not be denied under Texas statute and that its claims were not preempted by ERISA. The trial court rejected these arguments and ruled in managed care company's favor on both federal preemption and state law grounds. (2007)
- Obtained summary judgment in favor of self-funded ERISA Plan in case filed by provider seeking benefits for extensive treatment relating to alleged exposure to toxic mold. The trial court granted summary judgment finding no abuse of discretion in claims adjudication process, and rejecting arguments that claims administrator had failed to comply with ERISA's procedural requirements. (2007)
- Represented managed care company in arbitration filed by hospital system seeking in excess of $20,000,000 for alleged prompt pay violations that settled favorably before trial. (2003)
General Commercial Cases:
- Represented national construction company and equipment manufacturer in jury trial on claim for attorneys' fees under an indemnity agreement obtaining multi-million dollar settlement after resting case. (2000)
- Obtained take nothing judgment for insurance company following jury trial involving premium dispute with plan members. (2000)
Professional / Civic Affiliations
Member
- Houston Bar Association
- Federal Bar Association
Listed - Texas Rising Star, Texas Monthly magazine (2004 & 2006)
Industries
Practice Areas
Education
- JD, 1992, Honors, South Texas College of Law
- BA, 1989, The University of Texas
Admitted
- Texas 1992
- US District Courts for the Northern, Southern, Eastern and Western Districts of Texas
- US District Court for the Western District of Oklahoma
- US Court of Appeals for the Fifth Circuit
