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Insurance Coverage/Bad Faith Litigation

Professional and General Liability Policies
From the moment of its inception and continuing through its years of sustained growth, Marshall Dennehey Warner Coleman & Goggin has enjoyed unusually close ties to the insurance industry generally, and to claims operations in particular.  Since two of the three original founders came from staff counsel and a substantial amount of past and present business emanates from insurance company claims and legal departments, the firm's policy of handling exclusively defense work has engendered relationships of mutual trust and respect between the firm and its insurer clients.  In this way, the firm has developed a broad-based understanding of how this segment of the industry functions and an appreciation of the demands under which its management and staff operate.
 
Experienced Coverage Counsel
In today's claims environment, this practice group draws upon its experience in two separate, but often related, areas of concentration: three-fourths insurance coverage and bad faith.  With a dedicated group of attorneys headquartered in Philadelphia and augmented by experienced insurance counsel in our regional offices, the Insurance Coverage/Bad Faith Practice Group focuses on matters involving both first and third party insurance coverage, including primary and excess policies.  The group handles each and every phase of such matters, from consultations and opinions to litigation and appeals.  As the industry itself has grown more sophisticated and specialized, the group's experience has widened concurrently.  That experience encompasses coverage issues arising in a wide variety of insurance products, including:

  • Professional Liability
  • Directors and Officers
  • Errors and Omissions
  • Commercial Property
  • Commercial Auto
  • CGL
  • Personal Umbrella
  • Environmental
  • Life Insurance
  • Homeowners
  • Personal Auto
  • Inland Marine
  • Commercial Umbrella
  • Municipal/Public Officials Liability
  • Garage
  • Workers' Compensation
  • Employment Practices Liability
  • Reinsurance
  • Aviation
  • Truckers' Liability
  • Health Care Management
  • Special Risk
  • Event Liability
  • Disability

 
Leading Bad Faith Cases
Dating back to its early days, the firm's relationship with its industry clients also created frequent opportunities to consult with and represent carriers in cases involving alleged bad faith.  From the days when such claims were limited to common law failure/refusal to settle third party claims and continuing through the explosive evolution of statutory bad faith and punitive damages, the firm has been fortunate to be directly involved in the leading cases responsible for shaping the law under which we all now operate.  As in any other substantive practice area, the breath of this bad faith practice offers both an opportunity and a responsibility to manage issues, not just cases.  In an evolving area of the law where both substantive and procedural issues are often being decided for the first time, we believe that the firm and its clients greatly benefit from this unique issue management perspective.
 
Publications and Lectures
Members of our practice group have lectured and written extensively on issues involving insurance defense coverage and bad faith litigation, not only in our firm's own publication, Defense Digest, but also in other legal periodicals and trade journals.  We welcome the opportunity to present educational seminars and workshops to your company as a mutually beneficial working introduction.
 
The Insurance Coverage/Bad Faith Practice Group serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.

Case Study January 3, 2013

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May 16, 2013
Obtained ruling from Court of Special Appeals of Maryland affirming dismissal of all claims against our client as time-barred. The court held that if, while a case in pending in another forum, there is the possibility - however theoretical - that it...
Apr 1, 2012
We obtained a decision in an administrative proceeding before the Pennsylvania Department of Insurance in favor of the insurer. The insured had filed a complaint with the Department of Insurance. The initial ruling by the Department (entered prior...
Oct 17, 2011
Attorneys obtained summary judgment on behalf of an insurance company. The insurance company provided general liability coverage for a company that sold materials utilized in construction. It was alleged that employees of the insured were...
Oct 17, 2011
Attorney obtained summary judgment in favor of our client, an insurance carrier in an insurance coverage case. The insured was a broker who facilitated dumping and excavation operations. One of the subcontractors used by the insured was involved in...
Sep 26, 2011
Attorney obtained summary judgment in favor of an insurance carrier in an insurance coverage case. The policyholder sued his insurance broker, who procured a commercial automobile policy, alleging that the broker should have procured a private...
Aug 29, 2011
Attorney obtained dismissal of a complaint filed against our client, an insurance agency. After plaintiffs' building was damaged in a fire, plaintiffs filed a bad faith claim against their insurance company. The insurance company joined our client...
Aug 18, 2011
Attorney obtained summary judgment on behalf of a insurance company in a life insurance coverage dispute.
Jun 28, 2011
Attorneys obtained summary judgment in favor of two insurance compnaies relative to a lawsuit brought in which water from a pipe leak in a neighboring property migrated through the foundation wall and damaged the plaintiff's basement. The Court...
Jun 6, 2011
Attorney obtained summary judgment in favor of an iInsurance company in a decision denying underinsured motorist coverage to a plaintiff who was injured while a passenger in a classic vehicle being driven by her sister, and owned by her mother. The...
Jun 6, 2011
Attorney obtained summary judgment in favor of a large insurance company on counts alleging both violations of the state's Motor Vehicle Financial Responsibility Law and statutory insurance bad faith, arising from insurer's reliance on Peer Review...

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Law Alerts April 11, 2013
Before the court were cross-motions for summary judgment involving a dispute over insurance coverage for a condominium unit that was damaged when a toilet inside it broke, allowing water to run throughout the unit. The plaintiffs owned a condominium..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
This insurance coverage dispute involves claims by the plaintiff for supplementary benefits under two insurance policies for injuries he suffered in a car accident. Before the court were motions by the defendant GEICO pursuant to Fed. R. Civ. P..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The court determined that an insurer has no basis to obtain a dismissal based on an elderly insured's failure to file for guardianship. The plaintiff suffered from age-related cognitive disabilities and had granted power of attorney to her son...., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
Before the court were the parties' cross motions for summary judgment. The plaintiff alleged that the defendant, Allstate Insurance Co., breached its contract and acted in bad faith by denying the plaintiff's claim for fire damage coverage...
Law Alerts April 11, 2013
Before the court was the plaintiffs' appeal from an order granting summary judgment to their insurer, defendant New Jersey Manufacturers Insurance Company. The plaintiffs alleged that their insurer had acted in bad faith by failing to settle..., Case Law Alert - 2nd Quarter 2013
Defense Digest Article March 1, 2013
By Lauren M. Burnette, Esq.*   Key Points: Maryland's Court of Special Appeals holds that a release which includes language releasing the tortfeasor and "all other persons, firms or corporations" does not release the..., Defense Digest, Vol. 19, No. 1, March 2013
Law Alerts January 11, 2013
This matter arose due to the plaintiff’s claim for property damage under his homeowners' insurance policy with the defendant following two fires at his residence. The policy provided that it was void if any insured “intentionally..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
NOTE: Unpublished opinion   The plaintiff appealed from the order of a district court granting summary judgment in favor of the defendant with regard to the plaintiff’s breach of contract counts arising from a property damage claim. The..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The plaintiff insurer filed a declaratory judgment action in the Eastern District of New York, seeking a judgment that damage to the defendant’s yacht was not covered by the marine insurance policy it had issued to him. The district court had..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The Eastern District Court of Pennsylvania considered whether an insured's underinsured motorist coverage was $35,000 or $100,000 following a motor vehicle accident. The insurer's position was that the limits were $35,000 since the insured..., Case Law Alert - 1st Quarter 2013

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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...

Chair

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

Additional Contacts

R. Bruce Morrison
Shareholder
(215) 575-2624
rbmorrison@mdwcg.com

Related Practice Areas

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