Eric Fitzgerald is the Assistant Director of the Professional Liability Department. He assists the Director in overseeing the Department’s 16 practice groups, which include approximately 150 attorneys throughout the firm. He is also the Chair of the Insurance Coverage/Bad Faith Litigation Practice Group, which includes over 20 attorneys exclusively providing general counsel and litigation of insurance coverage disputes.
Eric works with a wide variety of property/casualty lines, including: Professional and Miscellaneous E&O; D&O; EPL; Law Enforcement Liability; School Leaders’ E&O; CGL; Commercial Property, Excess and Umbrella; Specialty Lines; Boiler & Machinery; Inland Marine; Builders Risk; OCP’s and OCIP’s; Garagekeepers; Commercial Auto; and Worker’s Compensation. He is rated AV Preeminent by LexisNexis Martindale-Hubbell and has litigated many different coverage issues, including: construction defect; intellectual property; notice of claim, relation back and prior/pending exclusions in claims made policies; environmental; civil rights; product defect; liquor liability; additional insureds; policy reformation and rescission cases. He exclusively defends insurance companies in State and Federal courts in Pennsylvania and New York.
Eric obtained his Chartered Property Casualty Underwriter (CPCU) designation in 1999 and his Associate in Reinsurance (ARe) designation in 2000. He has served as a National Governor and member of the Executive Committee of the CPCU Society and as a member of its Nominating Committee. He also served as a member of the American Institute for CPCU Advisory Council where he assisted in the drafting of several of the CPCU textbooks. He is also a member of the Philadelphia and Northeastern Pennsylvania Chapters of the CPCU Society. He began his National CPCU Service as the Northeast Regional New Designee Representative and as the Editor of the Excess, Surplus and Specialty Lines Section Newsletter, The Specialist. He previously served as second vice president, programs chair and publicity chair for the CPCU Society Philadelphia Chapter and on the Board of Directors of the Rochester, New York, Chapter. He is also a CPCU course instructor.
In addition to his CPCU activities, Eric is a Certified Litigation Management Professional with the Claims and Litigation Management Alliance (CLM) and he is an instructor in the CLM Claims College. He is also a member of the Professional Liability Underwriting Society (PLUS), the Property Legal Research Bureau (PRLB) and the American College of Coverage and Extracontractual Counsel (ACCEC).
Eric is also the chair of Marshall Dennehey's Life, Health and Disability Practice Group. In 2011, Eric obtained his Chartered Life Underwriter (CLU) designation. He is a member of the Defense Research Institute’s Life Health and Disability interest group and the International Claims Association (ICA).
Prior to joining Marshall Dennehey, Eric practiced in Rochester, New York, where he provided statewide New York coverage counsel for several large national insurers. He began his career in 1993 as a judicial clerk for the New York State Supreme Court, Appellate Division, Fourth Department, where he participated in the drafting of many significant coverage decisions in New York State.
He served as Secretary of the Board of Directors for the Monroe County, New York, Bar Association Foundation, and was the Chair of the Monroe County Bar Association Young Lawyers Section. He is currently the Chairman of the Board of Directors for Kids Innovating Stage and Sound, a non-profit children's theater group in Wilkes-Barre, Pennsylvania.
•Additional Insureds and Related Issues
•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
• 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
Honors & Awards
• AV Preeminent by LexisNexis Martindale-Hubbell
•Buffalo Moot Court Board
• Claims & Litigation Management Alliance
•Litigation Management Institute, Graduate 2012 (CLMP)
Year Joined Organization
Contract Confusion: Clearing up the differences between risk transfer concepts in construction agreements
Articles • May 1, 2014
Whats in Your Manual? A three-step guide for windstorm claims management
Case Study • August 1, 2013
Have Reservations? 10 Tips For Coverage Position Letters
Articles • March 1, 2012
On the Pulse...Our Life, Health and Disability Practice Group
Defense Digest Article • December 1, 2010
Marshall, Dennehey, Warner, Coleman & Goggin's Life, Health and Disability Practice Group is dedicated to the representation of insurers and employers in disputes arising out of employer-sponsored and individually issued life, health and..., Defense Digest, Vol. 16, No. 4, December 2010
Pennsylvania Stands Out Nationwide in Coverage Disputes Regarding Faulty Workmanship
Defense Digest Article • September 1, 2010
Pennsylvania - Insurance Coverage, Key Points:Pennsylvania provides the broadest grounds for an insurer to disclaim coverage for claims of defective workmanship of any state in the country.Coverage defenses include ..., Defense Digest, Vol. 16, No. 3, September 2010
Marshall Dennehey Attorneys to Serve as Faculty at CLMs 2014 Claims College
September 2, 2014
Marshall Dennehey shareholders Eric A. Fitzgerald, Andrew W. Davitt and Matthew S. Schorr will serve as faculty at the CLM's annual Claims College, to be held September 7-10, 2014, at the Philadelphia Marriott Downtown, in Philadelphia, Pennsylvania.Eric A. Fitzgerald, CPCU, CLU, will address the...
Marshall Dennehey Announces New Leadership of Professional Liability Department
June 25, 2013
Marshall Dennehey announced today that shareholders Christopher E. Dougherty and Eric A. Fitzgerald have been named Director and Assistant Director, respectively, of the firm's Professional Liability Department. The official leadership changes come following the retirement of longtime shareholder,...
Insurance Adjusting and Legal Coverage in a Post Sandy Environment
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...
Insurance Adjusting and Legal Coverage in a Post Sandy Environment
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...