Our experience includes these matters:

Insurance Coverage

  • We represented an insurance company in a declaratory judgment action in which the insured had been sued for exerting undue influence over a testamentary donor.

  • We represented an insurance company in a declaratory judgment action in which the insureds sought underinsured motorist coverage after obtaining a jury verdict that was substantially less than the amount of liability protection available under the underinsured driver's policy.

Bad Faith Defense

  • Our attorneys handled a bad faith action involving allegations that the insurer had breached a homeowners' insurance policy and acted in bad faith by delaying payment for property damage and failing to pay certain additional living expenses. The plaintiff claimed to have suffered physical illness and emotional damages as a result of the alleged bad faith.

  • We handled a bad faith action in New Jersey involving allegations that the insurer breached the Comprehensive General Liability Insurance policy by assigning incompetent panel counsel to defend the insured in a patent matter. As a result of defense counsel's alleged incompetence, the insured entered into a settlement that forced it out of business. The plaintiff claimed breach of contract, bad faith, and malpractice against the attorney and sought the recovery of compensatory, consequential, and punitive damages.

Class Action

  • We handled an important case of first impression with far-reaching ramifications for HMOs in Pennsylvania. In this case, the Pennsylvania Supreme Court held that the Pennsylvania HMO Act exempts HMOs from complying with the anti-subrogation provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. The question had been certified to the Supreme Court by the Third Circuit.

  • We handled class actions brought against title insurance underwriters claiming that they were liable for the systematic failure of their agents to provide consumers with discounted rates (reissue and refinance rates). We obtained dismissal of two cases asserting that the overcharges constituted violations of the Real Estate Settlement Procedures Act. We also obtained dismissal of Pennsylvania state law claims in one case on the grounds that the legislature provided an exclusive remedy, depriving the court of jurisdiction.

  • We handled a claim that an insurance company failed to provide financial information required by Pennsylvania insurance statutes. The Pennsylvania trial court granted the insurer's motion to dismiss for failure to state a claim, and the Superior Court of Pennsylvania affirmed.

Fidelity and Surety Bond

  • Our attorneys handled the investigation and defense of a bond claim related to a tax exchange accommodator who misappropriated $100 million.

  • We handled the organization of an external claims operation to evaluate and pay approximately $50 million in financial guarantee bond claims, including institution of a defendants' class action and recovery of more than $32 million from indemnitors and reinsurers in federal litigation and bankruptcy proceedings.

Insurer Insolvencies

  • We obtained a decisive victory for our clients when we persuaded the Commonwealth Court of Pennsylvania to reject the Pennsylvania Insurance Department's efforts to liquidate two long-term care insurance companies. The court instead ordered that the companies be rehabilitated. The ruling marks the first time a petition to liquidate an insurer was defeated in Pennsylvania. Nationwide, petitions filed by state insurance departments are routinely granted.

  • We defended a claim for accounting malpractice filed by the liquidator in the Reliance Insurance Company liquidation.

  • We represented the owner and director of Legion Insurance Company and Villanova Insurance Company in proceedings instituted by the Pennsylvania Insurance Department to liquidate those companies.

Directors and Officers/Professional Liability Insurance

  • We represented a public utilities company in a case that resulted in a landmark decision in which, for the first time, directors of Pennsylvania corporations were held to be protected by the "business judgment rule."

  • We represented the directors of insurers in D&O claims brought or threatened by the liquidators of Legion Insurance Company, Villanova Insurance Company, Reliance Insurance Company, and PHICO Insurance Company.

  • We defended an insurance broker against claims that he failed to properly investigate and convey the nature of a client's business activities to a managing general agent and carrier, resulting in a denial of coverage for a work-related fatality. Summary judgment was entered in favor of the broker in state court in Philadelphia.