Eric A. Fitzgerald CPCU, CLU
Trial verdict for insurer in a matter regarding the reformation of a complex insurance program for a holding company with over 200 subsidiaries. Case involved testimony from senior officers from the insured corporation and the insurer and broker. Policy was reformed on behalf of the insurer to add a subsidiary and, therefore, subject to an exclusion for negligent operation of vehicle in the course of employee's duties for the employer.
Trial verdict for insurer on "assault and battery" exclusion. Court applied exclusion and found no duty to defend or indemnify after denying summary judgment earlier in the case. Decision upheld on appeal to the Pennsylvania Superior Court.
Summary judgment for insurer in a matter involving the alleged faulty construction and site selection for a multi-million dollar mining project. Court held that the insured engineer's work was not an "occurrence" and fell within the policy exclusions for professional services and work product of the insured. Court further rejected attempts by insured counsel to apply a continuous trigger theory of causation in a property damage case and held that the claim manifested prior to the inception of the policy.
Summary judgment for insurer applying "interrelated businesses" exclusion in a directors & officers' liability claim. Court held that criminal "check kiting scheme" by necessity utilized the checking accounts of an uninsured business as well as the insured business and triggered the exclusion as a matter of law.
Summary judgment for insurer on issue of whether plaintiff was a dual employee of two affiliated corporations and subject to "employers liability" exclusion. After reviewing factual testimony from company officers, Court agreed that insured company was a dual employer of the plaintiff although his W-2s and employment file were with an affiliated company.
Summary judgment for insurer enforcing insured's UIM stacking waiver. Court found that the statute requiring issuance of an "important notice" did not provide a statutory remedy for an insurer's failure to issue the notice and that the waiver was, therefore, valid despite statutory violation.
Summary judgment for insurer finding no ambiguity in blank retroactive date on claims made policy. Court applied regulation defining retroactive date to hold that a blank date equated inception date, not full prior acts.
Judgment on the pleadings for insurer on duty to indemnify real estate appraiser in "sub prime" litigation complaint. The Court held that the allegations of fraud and conspiracy were not negligent wrongful acts under the professional liability policy.
Tear it Up and Start Over – The New Generation of AFAs, CLM Annual Conference, Orlando, FL, March 2019
Coverage Issues in Pennsylvania School Claims, 2018
Best Practices for Coverage Position Letters, 2018
Coverage Issues for Defective Workmanship Claims in NY, PA and NJ, 2017
Jurisdictional Hotspots for Policy Limit Time Demands, 2016
Insurance 101 for Workers' Compensation Policies, 2016
Generally Acting Professional – Coordination of General Liability and Professional Liability Policies, 2016
Underwriters Under Fire: Best Practices for Underwriter Testimony and Production of Underwriting Files in Litigation, 2016
Coverage Position Letters in PA, NY and NJ, 2016
EPL 101, Merchants Insurance Group, April 19, 2016
Additional Insureds and Related Issues
Best Practices for Handling Split Claim Files, 2015
Professional Services Exclusions
Best Practices in Maintaining Claims Files
Coverage Issues Arising out of Faulty Workmanship Claims
Coverage Issues Arising out of Employers Liability Coverages
Coverage Issues Arising out of Municipal Professional Liability Policies
Cross-over Uninsured/Underinsured Motorists Claims in PA and NY
Priority of Coverage in Rental Vehicle Claims
Course Instructor - CPCU 6 "The Legal Environment of Insurance"
"Keeping the Faith. Understanding Reverse Bad Faith," Claims Management, May 2016
"Contract Confusion: Clearing up the Differences Between Risk Transfer Concepts in Construction Agreements," Claims Management, May 2014
"What's In Your Manual? A Three-Step Guide For Windstorm Claims Management," Claims Management, August 2013
"Have Reservations? 10 Tips For Coverage Position Letters," Litigation Management, Spring 2012
"Co-Author: Commonly Litigated Coverage Issues Involving Personal Automobile Policies," Insurance Law Handbook, New York State Bar Association, 2000
"Infant Switch Spotlights Risk at Hospitals," National Underwriter, October 5, 1998
"Contributing Author: Procedural Issues Unique to a Product Liability Lawsuit (Supplement)," Products Liability in New York - Strategies and Practice, 1999
Contributing Author: "Strategies and Tactics in the Wake of Tort Reform (Supplement), Preparing for and Trying the Civil Lawsuit," 1999