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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 breadth 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.

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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 a defense verdict in a sinkhole case in Pinellas County, Florida. The insureds’ premises are located in an area known as "sinkhole alley." The sinkhole claim was initially denied by the insurer, and after the insureds hired...
Apr 21, 2016
Marshall Dennehey attorneys were victorious in the Third Circuit Court of Appeals in an insurance coverage and bad faith case. The case involved claims by an insured for coverage under a Business Owners and Technology Professional Liability policy...
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...
Apr 21, 2016
The defense prevailed in their representation of a major insurance carrier in an insurance coverage case involving claims by an insured business owner for coverage under a commercial general liability policy. The insured was transporting chairs and...
Sep 21, 2015
Marshall Dennehey attorneys prevailed in the Philadelphia County Court of Common Pleas on a Motion for Class Action Certification in a "junk fax" case under the Telephone Consumer Protection Act (TCPA). Following a class certification...

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Law Alerts May 15, 2017
edited by Allison L. Krupps, Esq. Court dismisses breach of contract and bad faith claims based on one-year suit limitation clause.    Long v. Farmers New Century Ins. Co., 5:15-cv-06724 (E.D. Pa. March 30, 2017) The United States..., 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 February 14, 2017
Edited by Allison L. Krupp, Esq. Court finds home renovations were not "sudden" or "accidental" and grants insurer's motion for summary judgment.    Wehrenberg v. Metropolitan Property and Cas. Ins. Co., 2:14-cv-..., 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 3, 2017
The Superior Court of Pennsylvania reversed a trial court’s order granting summary judgment in favor of a tortfeasor when it determined that a jury should decide if a release signed by the injured plaintiffs should be voided. The plaintiffs..., Case Law Alerts, 1st Quarter, January 2017. 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 January 3, 2017
The Florida Supreme Court reversed the appellate court and concluded the insured homeowner was entitled to coverage under an “all-risk” homeowners policy after the home sustained damage from both construction defects and hurricane wind/..., Case Law Alerts, 1st Quarter, January 2017. 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 January 3, 2017
An insurer filed a declaratory judgment action seeking a declaration that it owed no duty to defend its insured in an underlying state tort action. The federal court determined that the underlying claims against the insured were such that a coverage..., Case Law Alerts, 1st Quarter, January 2017. 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 January 3, 2017
The plaintiff’s custom-made kitchen cabinets were damaged from a water leak. The defendant insurer’s expert claimed that the kitchen cabinets could be restored for $2,585 or replaced for $19,065. When the defendant issued payment to the..., Case Law Alerts, 1st Quarter, January 2017. 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 January 3, 2017
In a bad faith action against an insurer for denial of UM benefits, the trial court granted the insurer’s motion for summary judgment. The insured argued that the insurer’s valuations of her claim were continually revised up and,..., Case Law Alerts, 1st Quarter, January 2017. 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...
Defense Digest Article December 1, 2016
Defense Digest, Vol. 22, No. 4, December 2016   By Danielle N. Robinson, Esq.* Key Points: Proposals for settlement are a useful tool. The Faith Freight decision may allow insurers to utilize proposals for settlement in breach of..., Defense Digest, Vol. 22, No. 4, December 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...
Law Alerts November 11, 2016
Edited by Allison L. Krupp, Esq. & Christopher W. Woodward, Esq. Insurer not required to reimburse attorneys' fees for defense of underlying case Desabato v. Assurance Company of America, et al., 2:15-CV-484 (W.D. Pa. 9/30/16) The United..., 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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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...
Seminar Sep 17, 2014
*Complimentary breakfast begins at 8:00am and lunch will be provided. Join the attorneys of Marshall Dennehey for a comprehensive review of the latest legal trends in Medicare, Bad Faith, Social Media Discovery and more..... Topics include:...
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...

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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