Insurance/Professional Liability: Defense, Coverage, Subrogation and Bonds

  • American Insurance Company v. Brokerage Firm et. al. v. National Insurance Company (names protected) Allegheny County (Pittsburgh, Pa.) Successfully represented plaintiff insurance company in declaratory judgment action against named insured brokerage firms, numerous individual brokers and National Insurance Co., seeking declaration of no coverage for claims submitted by the brokers due to lawsuits filed by National Insurance Co. against the brokers for breach of contract and violation of non-compete and brokerage agreements.
  • Smith v. ABC National Insurance Co. (names protected by confidentiality agreement) Federal District Court (Pittsburgh, Pa.) Plaintiff, an employee of a large insured corporation, brought claims of bad faith against his employer's insurer. He sought recovery of punitive damages and counsel fees citing the failure of the insurer to make any settlement offer prior to uninsured motorist arbitration as evidence of bad faith under Pennsylvania law. The arbitration had resulted in a policy limits ($500,000) award to plaintiff. Utilizing ERISA and other federal law preemption defenses, we successfully defended a near certain liability case and achieved a very modest settlement.
  • Ray v. Armstrong Developers, et al. - Allegheny County (Pittsburgh, Pa.) Plaintiff brought premises liability claims for alleged brain injury she sustained when she collided with large glass wall on commercial premises. Obtained jury verdict on behalf of defendant.
  • American States Insurance, et al. v. Pennsylvania Insurance Guaranty Association, et al. - Armstrong County (Kittanning, Pa.) Obtained summary judgment on behalf of defendant Association in this declaratory judgment action wherein plaintiff excess insurance company claimed that defendants breached their duty to defend an underlying insured, and failed to make indemnity payments to that insured. Claims were brought in breach of contract and bad faith. The decision was upheld on appeal.
  • Norma Vaglio-Lauren v. Pioneer Hose Co. No. 1 of Brackenridge Borough - Allegheny County (Pittsburgh, Pa.) Obtained summary judgment in two wrongful death and survival actions which brought dram shop and other tort claims against volunteer fire company which owned and operated a social club serving alcohol. Successfully applied Pennsylvania law granting immunity to volunteer fire companies and obtained summary judgment on behalf of all defendants.
  • Blake v. George P. Bohach, Esquire, and Law Offices of Delamater, Haag & Bohach - Hancock County (Wheeling) Defended claims of professional (legal) malpractice brought by plaintiff pursuant to an alleged failure of defendants to file a lawsuit prior to the expiration of the applicable statute of limitations. Obtained a relatively modest settlement in a near-certain liability action in the panhandle area, which is known for large jury verdicts.
  • Industrial Risk Insurers as Subrogee for Neville Chemical Co. v. Minnotte Contracting Corp. - Allegheny County (Pittsburgh, Pa.) Represented plaintiff in subrogation action following the explosion of a large industrial facility and their payment on the property damage claims. Obtained substantial settlement on behalf of plaintiff insurer prior to trial.
  • Security Insurance Co. of Hartford v. Robert L. Snyder and Jessie M. Snyder; AHRS Coal Corp. v. Commonwealth of Pennsylvania, Department of Environmental Resources - Environmental Hearing Board (Pittsburgh, Pa.) Represented insurance company as issuer of environmental remediation bonds. Pennsylvania's Department of Environmental Resources had forfeited numerous bonds pursuant to the coal mine operators' failure to properly remediate and reclaim strip-mining areas in Western Pennsylvania. On behalf of the insurance company, successfully overturned a majority of the forfeitures, saving the insurance company large sums of money that would otherwise have been paid on these forfeited bonds. Complex case involved 10 years of litigation before the Environmental Hearing Board and various Pennsylvania trial level and appellate courts.
  • Smith v. ABC Accounting Firm - Allegheny County (Pittsburgh, Pa.) - (actual names protected by confidentiality agreement) Defended professional negligence and breach of contract claims brought against regional accounting firm. Obtained complete withdrawal/dismissal of all claims just prior to trial.
  • Rodgers v. Jones, M.D. Crawford County (Meadville, Pa.) (actual names protected) Defended medical negligence and lack of informed consent claims against plastic surgeon at trial and obtained defense verdict on behalf of client after jury trial.
  • ABC Corporation v. National Insurer (Names protected) Federal District Court (Pittsburgh, Pa.) Represented an insured corporation in seeking reversal of denial of coverage and defense by defendant's insurer following submission of claims by defendant for advertising injury coverage. Our client was sued for trademark and copyright infringement and Lanham Act claims, and our client's insurer denied both defense and indemnity, citing exclusions to the advertising injury insuring provisions. We brought claims against the insurer seeking defense and indemnification in the underlying lawsuit and were successful in overturning the insurer's initial denial of both defense and indemnity.