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Insurance Coverage/Bad Faith Litigation

Through the years, Marshall Dennehey's Insurance Coverage/Bad Faith Litigation Practice Group has evolved into a full-service insurance litigation solution for national and global insurance carriers. The attorneys in the group exclusively devote their practices to the representation of insurance companies and possess comprehensive knowledge not only of insurance claims issues, but of the insurance industry and claims processes as well. This enables us to assist clients in navigating all aspects of the most complex coverage disputes and first-party property and automobile  litigation.

We approach each engagement with creative strategies to effectively control exposure, avoid litigation and transfer risk, while protecting our clients' brands and industry position. Our legal services include counsel and defense of issues arising from commercial, personal and specialty property and casualty policies, professional liability policies, health/life policies and workers' compensation policies. 

The need for insurance services intersects with multiple practices and clients. Our insurance coverage attorneys work synergistically with all of our firm’s practices to ensure that coverage questions, defenses and tender issues are identified up front to best manage risk and address actuary and underwriting concerns. 

Our attorneys have successfully represented and defended insurance companies in all manner of first-party and bad faith litigation in both state and local courts. We are experienced in issues concerning institutional discovery, corporate designee/apex/employee depositions and the tactics utilized by plaintiffs to leverage settlements. By providing strategic advice both before and during litigation, we are able to assist clients in analyzing available coverage and minimizing future risk. When it is in the client's best interests to proceed to trial, our experienced trial attorneys are prepared to rigorously defend the most complex insurance coverage and bad faith cases.

Our services include:

  • Coverage Consultation
  • Coordinating Counsel Services
  • CAT Operation Coverage Strategies
  • First-Party Property Coverage/Litigation Services
  • First-Party Automobile Coverage/Litigation Services
  • SIU/Fraud Coverage/Investigation/Litigation Services
  • Indemnification Risk Transfer Strategies
  • Bad Faith Strategic Evaluation
  • Bad Faith Litigation
  • Policy Language Review
  • Administrative/Insurance Department Representation and Strategies
  • Claims Practices Consultation and Services
  • Institutional Discovery Consultation and Services
  • Development of Guidelines and Best Claims Practices Strategies
  • Training and Educational Development from commercial, personal and specialty property and casualty policies, professional liability policies, health/life policies and workers' compensation policies. 


The Insurance Coverage/Bad Faith Litigation 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.

 

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Apr 11, 2019
We obtained summary judgment in favor of our insurance company client. The plaintiff sought UIM coverage from our client as a resident relative of the client’s named insured. The plaintiff was a named insured on another policy which provided...
Dec 31, 2018
The parties had filed cross-motions for summary judgment. The issue for the court was whether the carrier had breached the terms of the policy when it denied the plaintiff’s first-party benefits claim relating to medical bills for PTSD...
May 11, 2018
We secured the dismissal of a declaratory judgment action filed in federal court against a large insurer. This case arose from a motor vehicle accident that occurred in 2015. The plaintiff averred that she had sustained injuries in excess of the...
Dec 1, 2017
Obtained a defense verdict after a six-day bench trial in the Philadelphia Court of Common Pleas. The plaintiff claimed that our insurance carrier client acted in bad faith in the handling of his underinsured motorist claim that arose from a 2009...
May 11, 2017
Secured summary judgment in federal court in a bad faith case against a large insurer. ​The case arose from a pedestrian-motor vehicle accident that occurred in 2008 and dealt with the insurer’s handling of the plaintiff’s UIM claim...
May 11, 2017
Obtained a defense verdict in the U.S.D.C. for the Southern District of New York. ​Our insurance company client adjusted a burglary loss of roughly $1.3 million and wired the proceeds directly to the insured rather than to the bank named as a loss...
Feb 17, 2017
The lawsuit arose out of the insured's claim for "vandalism," which was made about a year after the insured learned that his tenant was making significant renovations to the leased property in violation of the lease. The tenant had...
Dec 6, 2016
We obtained summary judgment in a declaratory judgment action filed on behalf of an insurer in the United States District Court for the Western District of Pennsylvania. ​At issue was whether coverage (and an ensuing duty to defend) had been...
Aug 25, 2016
In an insurance coverage and bad faith case, Marshall Dennehey attorneys obtained a dismissal of a declaratory judgment action seeking $750,000 in business income damages. The court granted the motion to dismiss, agreeing with the defendant's...
Apr 21, 2016
Obtained final summary judgment in favor of a major insurance carrier. The plaintiffs filed suit for breach of an umbrella policy after their claim for $1 million in uninsured motorist benefits was denied because the plaintiffs failed to maintain...

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Law Alerts October 23, 2019
Washington Supreme Court Holds that Employee Adjusters Are Not Subject to Personal Liability for Insurance Bad Faith or Per Se Claims Under the CPA. Keodalah v. Allstate Ins. Co., et al., No. 95867-0 (Washington Sup. Ct. 10/3/19) By Allison L...., 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 October 7, 2019
Pennsylvania Supreme Court Holds that Increasing UIM Limits on an Existing Automobile Policy that Insures Multiple Vehicles Constitutes a “Purchase” of Coverage Under Section 1738(c) of the MVFRL, and Therefore, New Stacking Waivers are..., 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 October 1, 2019
The Eastern District reviewed this case in which an ink cartridge refill machine was “misappropriated” at the insured’s business. The insurer moved to dismiss breach of contract and statutory bad faith claims on the basis these..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2019
The Middle District reviewed this case involving homeowner’s insurance covering a property which suffered fire damage to its garage. The insurer retained a vendor to create an inventory of destroyed personal property. The insured’s..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2019
The Eastern District reviewed this case involving a homeowner’s policy on a property in Philadelphia. The pro se plaintiff brought claims of breach of contract, statutory bad faith, negligence and unjust enrichment. The insurer moved to..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts July 1, 2019
The Superior Court reviewed a trial court order granting summary judgment in favor of an insurer on claims for breach of contract and bad faith. The underlying case centered on provisions in a commercial property policy that governed appraisal. The..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The pro se plaintiff filed suit over a denial of benefits under her homeowner’s policy. The plaintiff was adamant that a piece of her backyard tree was struck by lightning, fell and damaged copper pipes encased in concrete underneath the home..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Defense Digest Article June 1, 2019
Defense Digest, Vol. 25, No. 2, June 2019 By Allison L. Krupp, Esq. and Christopher W. Woodward, Esq. * Key Points: Household vehicle exclusions had been routinely and repeatedly upheld by Pennsylvania courts prior to the Gallagher v....,   Defense Digest, Vol. 25, No. 2, June 2019. 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...

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February 21, 2018
Marshall Dennehey has expanded its Florida Casualty Practice with the additions of  Michael J. Bradford and Julie Cunningham Aiello in the firm’s Tampa office. Mr. Bradford joins as a shareholder and Ms. Aiello joins as an associate. Both attorneys previously practiced at Hamilton Miller &...
June 29, 2015
Marshall Dennehey Warner Coleman & Goggin has added Shareholder Dennis P. Dore, Special Counsel Jessica Lanifero and Associate Christopher D. Walsh in Jacksonville. All three attorneys join the firm’s Casualty Department and were previously with the Jacksonville office of Kelley Kronenberg. “...
April 10, 2015
Brigid Q. Alford, Esq., shareholder in the Camp Hill office of Marshall Dennehey Warner Coleman & Goggin, has been named a recipient of the 2015 "Women of Influence" Awards by the Central Penn Business Journal.  The Women of Influence program recognizes 25 female leaders in the midstate who are...
May 17, 2013
John J. Hare, Shareholder and Chair of the Appellate Advocacy and Post Trial Practice Group, presented oral arguments earlier this month in Vanderhoff v. Harleysville Insurance in the Pennsylvania Supreme Court. This is the second time that Vanderhoff has been considered by the Supreme Court. R....
Seminar Dec 5, 2012
Topics to be discussed by the distinguished panel during the program include: Learning Effective Discovery Strategies; Reviewing what is discoverable, common areas of dispute and how electronic discovery has changed the game; Hearing...
Seminar Apr 17, 2013
Program Summary: A panel of insurance claims and adjusting experts, along with an insurance coverage attorney, will examine how the October 2012 super storm that battered the Northeastern U.S. is changing the game for professionals and what can be...
Conference Jul 15, 2015
The Pennsylvania Defense Institute is hosting its 47th annual conference on July 15-17 at the Omni Bedford Springs Resort. The annual conference is an excellent opportunity to mix business with pleasure while obtaining continuing education credits...
Seminar Jun 2, 2016
Join the attorneys of Marshall Dennehey for a discussion and in-depth look at trending topics in Fraud and SIU. Don't miss the panel discussion on emerging trends in fraud with insight from members of the insurance industry. Guest Speaker:...
Conference Jun 14, 2017
James H. Cole, a shareholder in our Philadelphia office will be presenting on the topic: "Bad Faith in Property Litigation: The Good, The Bad and the Ugly." This presentation will provide an overview and history of bad faith insurance...
Conference Jun 13, 2018
Join the Marshall Dennehey attorneys for a complimentary seminar discussing trending topics in Fraud and SIU. Topics include: Major Case Update Workers’ Compensation Fraud – Don’t Forget the Data Rancosky | Bad Faith Update...
Seminar Sep 20, 2018
Florida Casualty Claims Symposium 2018 – Casino Royale Join the Marshall Dennehey attorneys for a complimentary seminar discussing trending topics in Casualty in the state of Florida. Agenda Topics: Negligent Tenants Expose Negligent...

Co-Chair

James H. Cole
Co-Chair, Insurance Coverage/Bad Faith Litigation Practice Group
(215) 575-2635
jhcole@mdwcg.com
Michael A. Packer
Co-Chair, Insurance Coverage/ Bad Faith Litigation Practice Group
(954) 847-4921
mapacker@mdwcg.com

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