Life, Health and Disability Insurance

  • Leach v. Northwestern Mutual Life Insurance Company Federal District Court (Pittsburgh, Pa.) Obtained defense verdict after ten day jury trial on plaintiff's claims for in excess of $1 million long term disability benefits with summary judgment having already been granted dismissing plaintiff's claim of insurer bad faith. Also obtained jury verdict against plaintiff on client insurer's counterclaim for breach of contract, fraud and unjust enrichment. Attorneys' fees were awarded to client for total counterclaim award against plaintiff of over $525,000. Verdict was upheld on appeal to the Third Circuit Court of Appeals. Handled both trial and appeal.
  • Wolf v. Bankers Life and Casualty Co. Delaware County (Media Pa.) Defended Bankers Life against claims of breach of contract, insurance bad faith and unfair trade practices. Following a bench trial, the judge awarded plaintiff $1.4 million. During the course of our appeal from the adverse verdict and award, the matter was settled on terms far more favorable than the verdict to my client.
  • Sciotto v. Lamar Life Insurance Company Delaware County (Media, Pa.) Obtained defense verdict in bench trial on behalf of defendant excess insurer. Plaintiff, a high level quadriplegic had obtained a large personal injury settlement in an underlying action and then sought to compel the client excess insurer to drop down into a primary insurer role and pay to plaintiff amounts that plaintiff had lost from the settlement due to a large insurer subrogation claim. With no Pennsylvania case law on point, the case was tried to a defense verdict in favor of client.
  • Beck v. Lomas Mortgage USA, et al. - Allegheny County (Pittsburgh, Pa.) Plaintiff brought breach of contract and bad faith claims pursuant to a mortgage life insurance policy sold to plaintiff's decedent. Obtained summary judgment on behalf of all defendants.
  • National Fidelity Life Insurance Co. v. Equibank, Merrill Lynch, Manhattan Life Insurance and Max Gomberg - Allegheny County (Pittsburgh, Pa.) Represented plaintiff life insurance company in complex commercial litigation prosecuting claims for fraud, embezzlement, breach of contract and banking related claims involving fraudulent endorsement issues. Obtained large settlement on behalf of plaintiff against the defendants.
  • Jones v. ABC Life Assurance Company (names protected) - Allegheny County (Pittsburgh, Pa.) Represented defendant life insurance company in civil suit brought by plaintiff alleging wrongful denial of life insurance benefits. Defense was based on alleged misrepresentations by plaintiff's decedent in medical section of life insurance application. Favorable settlement obtained after deposition of plaintiff wherein proof of misrepresentations was obtained. Issue of materiality would have remained for trial, but settlement was obtained prior to trial.
  • XYZ Life and Casualty Company v. Smith (names protected) - Federal District Court (Erie, Pa.) Represented plaintiff life insurance company in prosecuting claims against numerous agents for breach of agency agreement provisions relating to non-competition and non-disclosure of proprietary, confidential information. Obtained cash settlement from defendants and extension of restrictive covenants for time period commensurate with duration of violations. Extension of restrictive covenant time periods entered as court order by district court along with liquidated damages provision in the event of future violations.