Practice Areas & Industries: Marshall Dennehey Warner Coleman & Goggin, P.C.

 




Insurance Coverage/Bad Faith Litigation Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group
 

Practice/Industry Group Overview

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.


 

Services Available

 
Group Presentations
  Florida Claims Symposium - The Best Offense is a Good Defense, JW Marriott Grand Lakes 4040 Central Florida Parkway, Orlando, FL, September 17, 2014
 
 
Articles Authored by Lawyers at this office:

House Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow, August 06, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...

Blame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico, June 04, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

Blame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico, May 29, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

Florida’s New Daubert Standard for Expert Testimony is Retroactive
Tashia M. Small, May 29, 2014
Recently, Florida made the transition into a Daubert jurisdiction, aligning Florida courts with their federal counterparts. Simply stated, the amendment of Florida Statute § 90.702 makes the standard of admissibility of expert testimony in Florida courts stricter and more exacting.

The Storm After the Storm
Eric R. Brown, May 29, 2014
It has now been more than 18 months since Hurricane Sandy made landfall in New Jersey, but the litigation related to that storm is just getting started. With any event that brings such damage, there is always a concern that judges may look to expand the bounds of coverage in favor of insureds. The...

Defining the Boundaries of Enforceable Indemnity Provisions Under Pennsylvania Law
Margaret C. Kucera, March 17, 2014
Recently, it seems that opposing counsel are demanding broader indemnification provisions during negotiations on a variety of contracts throughout Pennsylvania. In order to appropriately advise insurance carriers and clients alike on their potential liability for entering into agreements with...

How Many Occurrences Have Occurred Where the Occurrence Occurs Under Statutory MCARE Coverage?
Michelle L. Wilson, December 18, 2013
The Pennsylvania Supreme Court recently addressed the meaning of “occurrence” with regard to the limits of coverage provided by the Medical Care Availability and Reduction of Error Fund (Fund) on matters that fall under the “extended claim” provision at § 715 of the...

Reservations Over Reserving Your Rights
Allison L. Krupp, December 18, 2013
On July 10, 2013, the Superior Court of Pennsylvania issued its opinion in The Babcock & Wilcox Co., et al. v. American Nuclear Insurers, et al., 2013 Pa. Super. LEXIS 1630 (Pa. Super. July 10, 2013). The underlying case involved insurance coverage disputes for two nuclear fuel processing...

You Slip. You Fall. You Lose. Florida’s Updated Transient Foreign Substance Statute
Alan C. Nash, December 18, 2013
On July 1, 2010, Florida Statute § 768.0710 was supplanted by Florida Statute § 768.0755. A win for premises owners and insurance carriers, Florida Statute § 768.0755 imposed a greater burden of proof upon plaintiffs in slip and fall cases allegedly caused by transitory foreign...

Pennsylvania Appellate Court Limits Extent of Kvaerner in Coverage Matters
Eric R. Brown, December 09, 2013
For the first time since the Pennsylvania Supreme Court issued its Kvaerner decision, in which it found that defective workmanship is not an "occurrence" under Pennsylvania law, a Pennsylvania appellate decision has limited the extent of that holding. Indalex v. National Union, 2013 PA...

An Employer is Entitled to Subrogation from a Recovery Made by a Claimant from a Bad Faith Action against a Manufacturer’s Insurance Carrier.
Francis X. Wickersham, October 21, 2013
The claimant sustained a crush injury to his right hand while using a conveyor belt at work. The employer paid the claimant total disability benefits and paid his medical bills. Later, the claimant filed a product liability action against the manufacturer of the conveyor belt, and the employer...

When an Insurer Tenders a Defense Subject to a Reservation of Rights, the Insured May Choose One of Two Options
Sarah J. Brown,Allison L. Krupp, October 21, 2013
When an insurer tenders a defense subject to a reservation of rights, the insured may choose one of two options: (1) accept the defense, in which case it remains unqualifiedly bound to the terms of the consent to settle provision of the policy; or (2) the insured may decline the insurer’s...

Did the Florida Supreme Court Greatly Expand Tort Law at a Cost to Florida's Contract Law?
Craig S. Hudson,Jason L. Scarberry, September 11, 2013
On March 7, 2013, the Supreme Court of Florida rendered its opinion in Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., 110 So.3d 399 (Fla. 2013). In its opinion, the Court specifically limited the application of the Economic Loss Rule (ELR) to product liability cases....

Pennsylvania Superior Court Is the First State Appellate Court To Address the Unfair Insurance Practices Act Protection for Victims of Abuse
Patricia A. Monahan, August 28, 2013
The Pennsylvania legislature amended the Unfair Insurance Practices Act (UIPA) in 1996 and 2006 to afford protection for innocent co-insureds who suffer property loss as a result of an intentional act of another insured that constitutes abuse. Without the amendments, an innocent spouse who would...

The Court "Values" the Policy Appraisal Provision by Requiring the Insured to Participate In an Appraisal Before Commencing Suit
Edward M. Louka,Jennie Philip, August 28, 2013
Appraisal is a very important condition in property policies. Despite its importance, it is often misunderstood, abused and, at the same time, underutilized. The appraisal process provides the insured and insurer an opportunity to resolve a dispute over "the amount of a loss" when...

Are the Federal Courts Starting a Trend To Preclude Experts on Bad Faith Issues?
Brent A. Green, August 27, 2013
Lawsuits by an insured against an insurance company often include claims for the company's alleged bad faith in the handling of the claim. Such claims filed in a federal court may be submitted to a jury. Experts can be hired by the insured-plaintiff to bolster the evidence presented. Such was...