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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.

Aug 24, 2018
We successfully represented an insurance agent in an investigation conducted by the Pennsylvania Insurance Department. The agent’s clients filed a complaint in which they alleged the agent failed to advise them of a waiver of premiums rider on...
May 11, 2018
We obtained summary judgment on behalf of an insurance agency and insurance agent in a fraud action. Venued in Cincinnati, the case involved a dispute over the agent’s alleged failure to procure insurance coverage for a residence that...
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...

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Law Alerts March 1, 2019
edited by Timothy Ventura, Esq. New York Courts Continue to Require a High Standard of Proof to Support Claims Against Insurance Brokers By Martin A. Schwartzberg, Esquire A recent decision by the Appellate Division, Third Department again..., Ohio Courts Crack Down on Attempts to Expand Insurance Agent Liability  By Ray C. Freudiger, Esquire & Jeremy M. Welland, Esquire It’s a scenario that plays out all too often for insurance agents: A client comes to you seeking..., Keeping Sympathy Out of Trial and the Importance of Jury Charges To Set the Standard of Care  By Lawrence B. Berg, Esquire In Stephens v. 48 Branford Place Associates, LLC, et al., the New Jersey Appellate Division affirmed a jury verdict of..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice...
Law Alerts February 6, 2019
Edited by Timothy G. Ventura, Esq. A Continuing Controversy Under Pennsylvania Law: Does the Economic Loss Doctrine Preclude Negligence Claims Against an Insurance Agent or Broker?   By G. Jay Habas, Esquire Insurance errors and omissions..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts January 10, 2019
edited by Timothy G. Ventura, Esq. Defense Verdict for Insurance Agency and Owner in Professional Negligence Case   By Christopher J. Conrad, Esquire We successfully defended an independent insurance agency and its owner against claims of..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts December 11, 2018
A Funny Thing Happened on the Way to the Courthouse – An Agent Jumped Into the Suit By David W. Henry, Esquire It is not uncommon for insurance agent errors and omissions claims to be asserted while there is pending coverage litigation. As..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts November 1, 2018
Edited by Timothy G. Ventura, Esq. THE NEED FOR CLARITY IN COUNSELING CUSTOMERS By Danielle M. Vugrinovich, Esq.* In Feist v. Andes, 2018 Pa. Super. Unpub. LEXIS 3052; 2018 WL 3980905 (Pa. Super. August 21, 2018)(unpublished), the Pennsylvania..., DUTIES OWED TO POLICYHOLDERS IN NEW JERSEY By Dante C. Rohre, Esq. Under New Jersey law, insurance producers—including brokers and agents—owe a fiduciary duty of care to their policyholder clients that “gives rise to a duty owed..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts September 24, 2018
Edited by Timothy G. Ventura, Esq. Pennsylvania Imposes Additional Requirements on Insurance Agents and Companies Regarding the Sale or Replacement of Annuities   By James A. McGovern, Esquire On June 28, 2018, Pennsylvania Governor Tom Wolf..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts August 21, 2018
Edited by Timothy G. Ventura, Esq. Just Because An Expert Says It, Doesn’t Make It So   By Lawrence Berg, Esquire New Jersey courts have generally recognized that in the ordinary negligence/malpractice case against an insurance..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts July 6, 2018
Edited by Timothy G. Ventura, Esq. A Primer on Insurance Agents and Brokers Liability in Maryland   By Christopher J. Conrad, Esquire Courts in Maryland have long held that an independent insurance broker (or agent) is viewed as an agent of..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts June 1, 2018
New York Court Addresses When an Insurance Broker Has a Special Duty of Advisement   By G. Jay Habas, Esquire* In New York, the duty of an insurance broker to obtain insurance coverage for a client is narrowly defined to require that a client..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts April 4, 2018
Ohio Supreme Court Clarifies Start of Statute of Limitations in Insurance Agent & Agency Negligence Actions   By David J. Oberly, Esquire The Ohio Supreme Court has issued a significant decision that is extremely pertinent to all..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...

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Additional Contacts

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

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