Legal Update for Insurance Agents & Brokers – RESULTS & THOUGHT LEADERSHIP*
RESULTS*
In a case where an insurance broker faced claims of professional negligence, Carol VanderWoude (Philadelphia, PA) successfully defended the plaintiff’s appeal from a verdict obtained by Timothy Ventura and Dana Gittleman (both of Philadelphia, PA). The verdict against our client, an independent insurance broker, was well below the lost value of UIM coverage (i.e., $1 million), which the plaintiff sought to recover based on an alleged breach of the professional standard of care in failing to procure an endorsement for $ 1 million in UIM coverage on the plaintiff’s decedent’s commercial auto policy. Liability, causation and damages were contested, and it was disputed at trial that the plaintiff’s decedent would have actually received $1 million in coverage. Tim elicited testimony on cross-examination of the plaintiff’s expert to show that there was no evidence establishing the insurer would have provided additional UIM coverage even if the endorsement had been purchased. Plaintiff’s counsel challenged the low verdict on various grounds, arguing that, as a matter of law, the damages amount was the lost value of the coverage and the verdict should be increased to $1 million. The trial court agreed with our arguments, raised in opposition to the plaintiff’s post-trial motions, that the low verdict amount was supported by the record and that the plaintiff’s requests for post-trial relief were otherwise waived for various reasons. The Superior Court affirmed in a unanimous decision.
*Prior Results Do Not Guarantee a Similar Outcome
THOUGHT LEADERSHIP
Dana Gittleman (Philadelphia, PA) and Estelle McGrath (Pittsburgh, PA) presented “Risk Management for Insurance Agents and Brokers” to approximately 75-80 claims professionals, underwriters and agents at Philadelphia Insurance Companies on April 1, 2025.
Dana Gittleman (Philadelphia, PA) and Jeremy Zacharias (Mount Laurel, NJ) kicked off their Professional Liability Underwriting Society (PLUS) podcast series with “Insurance Agent E&O – Top Ten Tips for Risk Management.” From memorializing communications to protecting attorney-client privilege, Dana and Jeremy share practical strategies to help insurance professionals manage risk more effectively. Tune in! https://lnkd.in/eQGs3u2y
Legal Update for Insurance Agents & Brokers- June 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.