Tracy A. Burleigh
Areas of Practice
Tracy has been as a member of the firm’s Casualty Department since joining Marshall Dennehey in 1998. Her areas of practice include automobile liability, premises liability, product liability and construction litigation. She also has experience handling insurance coverage disputes, including automobile liability, first-party insurance coverage (PIP, property damage and UM/UIM) and homeowners insurance matters. She has defended automobile and worker’s compensation insurers in bad faith litigation. She assists the firm’s Fraud/Special Investigative Unit (SIU) investigating claims of insurance fraud.
Tracy has represented a considerable number of automobile manufacturers, distributors and dealers in product warranty matters, handling over 150 product warranty cases in her career. She has successfully tried multiple product warranty matters to verdict. Additionally, she has sought and obtained certificates of approval from the Delaware Department of Justice, Division of Consumer Affairs regarding mandatory, pre-suit informal dispute resolution procedures on behalf of several warranty clients as required under Delaware law.
She has tried cases in all of Delaware’s major trial courts – Superior Court, Court of Chancery, Court of Common Pleas and Justice of the Peace Court. She is a member of the Delaware Superior Court Civil Rules Committee.
Tracy graduated from the University of Delaware in 1988 and from Widener University School of Law in 1996. Prior to joining the firm, she worked as a law clerk at McCarter & English, LLP in Wilmington, Delaware while also attending law school.
Defense verdict on the issue of liability in a personal injury action arising out of a claim for UIM benefits following a jury trial in the Delaware Superior Court.
Successfully defended an action in the Delaware Superior Court involving a claim for UIM benefits in which the damages awarded by the jury did not exceed the tortfeasor’s liability coverage.
Obtained summary judgment on behalf of an automobile insurer in a first-party bad faith action based upon the insured’s failure to comply with a condition precedent contained in the policy.
Successfully argued that the future performance exception found in the U.C.C. at 2-725 does not apply to an automobile manufacturer's limited express repair and replacement warranty and, accordingly, the four-year statute of limitations for breach of warranty actions accrues from the date of vehicle sale.
Legal Issues in NY CT FL & DE, Marshall Dennehey Client Presentation, February 16, 2023
General Overview of Delaware UM/UIM Law and Recent Statutory Updates, Marshall Dennehey Client Presentation, March, 2014
Delaware Auto Law, Marshall Dennehey Client Presentation, July, 2008