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Insurance Agents & Brokers Liability

Marshall Dennehey represents retail and wholesale insurance agencies and brokerage firms of all sizes and sophistication, ranging from family-owned businesses to nationally-known managing general agents and risk retention groups in state and federal court. We defend these clients against claims involving allegations of professional negligence, breach of fiduciary duty, and breach of contract and fraud, among others. We routinely defend claims by policyholders and carriers across multiple lines of coverage, in admitted and surplus markets.

As trial lawyers with extensive experience dealing with all aspects of both underwriting and claims processes, we pride ourselves in the efficient resolution of actions brought against our clients, whether by securing court dismissals on dispositive motions in civil suits, mitigating risk via alternative dispute resolution, or providing an aggressive defense through trial to verdict. 

Emerging trends in claims against insurance agents and brokers may suggest an expanding "special relationship" and a heightened duty to advise. While this trend is challenging for the defense bar, the breadth of our practice enables us to shape the evolving common law and monitor national case law as it develops. Our longstanding relationships with a number of E&O carriers provide us with a unique perspective as we maximize resources to achieve the best results for our clients at the right cost. Evolving regulatory and licensing matters are also a challenge that we are well-equipped to handle.

In addition to litigation, we routinely provide in-house risk management training for E&O carriers throughout the country and for agents/brokers through industry trade organizations including the National Faculty for the Society of CIC, the CPCU Society, Motor Carrier Insurance Education Foundation, and state and local trade groups. Currently, we operate professional liability hotlines on behalf of E&O clients. Our attorneys are also active in the Professional Liability Underwriting Society (PLUS) and frequently publish on agent/broker E&O topics in leading industry publications including PLUS Journal; The Institutes CPCU Society's professional journal, Insights; and the Defense Research Institute's (DRI) newsletter, Riding the E&O Line.

Our Insurance Agents & Brokers Liability Practice Group serves clients from our 20 offices located in Pennsylvania, New Jersey, New York, Delaware, Florida and Ohio, and in neighboring jurisdictions in Maryland, Connecticut, West Virginia and Kentucky.

Jan 16, 2018
Obtained summary judgment in Nassau County, New York on behalf of an insurance broker in a negligence and breach of contract action. Our client allegedly failed to procure proper insurance coverage, resulting in uninsured Superstorm Sandy-related...
Dec 1, 2017
Obtained summary judgment in Allegheny County, Pennsylvania on behalf of a life insurance agent in a fraud and negligence action. Our client was alleged to have forged certain policy documents in an effort to "churn" the existing policies...
May 11, 2017
Obtained a non-appealable defense award at binding arbitration in an alleged negligent procurement of insurance case. The plaintiff alleged the insurance agent failed to obtain comparable coverage to the plaintiff’s prior coverage, resulting...
Apr 21, 2016
Obtained summary judgment on behalf of an insurance agent and agency in Ohio, who sold the plaintiff property and liability insurance on its business. A fire loss occurred, and the insured discovered that it did not have business interruption...
Defense Digest Article December 4, 2017
Defense Digest, Vol. 23, No. 4, December 2017 By Timothy G. Ventura, Esq. Key Points: A fiduciary duty may arise in the context of consumer transactions, only if one party cedes decision-making control to the other party. Reliance on..., Defense Digest, Vol. 23, No. 4, December 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not...
Defense Digest Article March 1, 2016
By David J. Oberly, Esq.* Key Points: Insurance agent liability is on the increase. Insurance agents are now viewed as professionals and fiduciaries with insurance expertise. To combat claims against insurance agents, a close..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

Additional Contacts

Christopher E. Dougherty
Director, Professional Liability Department
(215) 575-2733
Eric A. Fitzgerald CPCU, CLU
Assistant Director, Professional Liability Department
(215) 575-2688

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