.

Patricia A. Monahan

Portrait of Patricia A. Monahan

Patricia concentrates her practice on insurance coverage, bad faith disputes and special insurance investigations. She regularly provides guidance to national and global insurance carriers concerning coverage issues and litigates coverage and bad faith claims brought against them.

Patricia routinely provides counsel and defense of issues arising from commercial, personal, specialty property and casualty policies, professional liability policies, health/life policies and workers' compensation policies. She has tried a wide range of bad faith lawsuits in both state and federal court and has substantial experience handling complex discovery issues presented in bad faith lawsuits. Patricia also focuses her practice on the investigation, defense and affirmative prosecution of fraudulent claims. She has extensive experience with cases involving medical provider fraud, claimant fraud, insurance claim inflation, staged accidents, application/rate evasion fraud, workers' compensation fraud and automobile thefts.

While a large portion of Patricia’s practice is focused on insurance coverage, special insurance investigations and bad faith disputes, she also is experienced in employment law defending public entities and private employers from discrimination and retaliation claims, state whistleblower suits, and employment claims filed under Section 1983, such as those arising under the First and Fourteenth Amendments. She also has represented employers before the National Labor Relations Board, the Pennsylvania Human Relations Commission, the EEOC, various county courts of common pleas, Commonwealth Court of Pennsylvania, Superior Court of Pennsylvania, the United States District Court for the Western District of Pennsylvania, and the United States District Court of Appeals for the Third Circuit. 

Further, Patricia's experience also includes the defense of claims for intentional torts, civil rights violations, and any claim that may fall under a public entity's errors and omissions policy, employment policy, or general liability policy. She has tried numerous civil rights cases to verdict, including claims arising out of police pursuits, false arrests, excessive use of force, denial of due process, and zoning matters.

In 1986, Patricia received a Bachelor of Science in Business Administration from the University of Florida, and in 1990, she achieved her juris doctor from the University of Pittsburgh. Throughout her legal career, Patricia has been an active trial lawyer and was elected as a shareholder with Marshall Dennehey in 1999. Her past experience also includes service in the role of solicitor to local municipalities. Patricia is a frequent speaker on employment and insurance coverage topics and has authored several articles for the firm's Defense Digest. She has received an AV® Preeminent™ rating by Martindale-Hubbell.

    • University of Pittsburgh School of Law (J.D., 1990)
    • University of Florida (B.S., 1986)
    • Pennsylvania, 1990
    • U.S. Supreme Court, 1999
    • AV® Preeminent™ by Martindale-Hubbell®
    • Best Lawyers in America©, Insurance Law (2024-2026)
    • The Best Lawyers in America©, Litigation - Insurance (2026)
    • Allegheny Bar Association
    • American Bar Association
    • Pennsylvania Bar Association
    • Defense Litigation: Key Concepts and Current Developments, Marshall Dennehey Client Seminar, March 2026
    • Defense Perspectives: Bodily Injury and Bad Faith Claims, Marshall Dennehey Client Seminar, April 2025
    • Handling UM/UIM Cases in Pennsylvania, Marshall Dennehey Client Webinar, May, 2021
    • Employment Liability in the Cyber Age, Marshall Dennehey / AIG Employment Seminar, Pittsburgh, PA, May 2, 2013
    • Speaker on various topics including employment claims, civil rights litigation, federal practice and insurance bad faith
    • "Pa. Supreme Court Evaluates Constitutional Parameters of a Jury's Punitive Damage Award,"Pennsylvania Law Weekly, October 3, 2023
    • “I’ve Been Served With a Writ of Summons. Now What?,” Defense Digest, December 2018, Vol. 24, No. 4
    • "Defending Claims While Working Within the Tripartite Relationship,"The Legal Intelligencer, Insurance Law Supplement, August 30, 2016
    • "When is an Accident Not an Accident?" Life, Health & Disability, the newsletter of the DRI's Life, Health & Disability Committee, November 21, 2014
    • "Pennsylvania Superior Court Is the First State Appellate Court To Address the Unfair Insurance Practices Act Protection for Victims of Abuse," Defense Digest, Vol. 19, No. 3, September 2013
    • "Pennsylvania Superior Court Panel Has Found That an Insured's Conduct Is Not Subject to Scrutiny in a Subsequent Bad Faith Law Suit," Defense Digest, Vol. 17, No. 3, September 2011
    • "Are Damages For Emotional Distress Recoverable In a Pennsylvania Bad Faith Lawsuit Even Though the Bad Faith Statute Does Not Provide For Such Damages?," Defense Digest, Vol. 16, No. 1, March 2010
    • "Top Court Limits The Scope of a Public Employee's First Amendment Retaliation Claim," Defense Digest, Vol. 12, No. 3, September 2006
    • "The First Amendment's Rising Popularity in Municipal Employment Litigation," Defense Digest, Vol. 10, No. 2, June 2004
    • "Is Every Worker With a Physical Impairment Afforded Protection Under the ADA?," Defense Digest, Vol. 8, No. 1, March 2002­
    • "The Anatomy of a Civil Rights Malicious Prosecution Claim," Co-Author, Defense Digest, Vol. 8, No. 1, March 2002
    • "Pennsylvania Supreme Court Limits Employment At-Will," Defense Digest, Vol. 5, No. 1, 1999
    • Summary judgment granted for insurer in a claim for breach of contract and bad faith where the homeowner made a claim for vandalism when his tenant did not finish renovating the leased premises.  The Court held that the damages were not "sudden and accidental" and that the policy exclusions for faulty workmanship and renovations were applicable as a matter of law.
    • Defense verdict against an insurance carrier for breach of contract for denying a property loss claim and also obtained a $30,000 judgment against the plaintiff under the Pennsylvania insurance fraud statute for submitting a fraudulent claim.
    • Defense verdict for a major insurance carrier in a state court statutory bad faith lawsuit.
    • Defense verdict for a Pennsylvania municipality against several police officers' claims for first amendment violations and age discrimination.
    • •Summary judgment obtained for a school district in an age discrimination and first amendment retaliation claim.
    • Defense verdict for a Pennsylvania county against a former employee's claim that she was subjected to race discrimination, racial harassment, and retaliation.
    • Summary judgment secured for employer law firm against a part-time attorney's claim that she was discriminated against, subjected to hostile work environment, and retaliated against based on her status as a working mother.
    • Defense verdict for insurance carrier in a bad faith trial arising out of the carrier's coverage position taken on an automobile stacking issue.
    • Successfully defended insurance broker in a claim for alleged negligence in failing to cancel a policy binder.
    • Defense verdict for municipal employer against a former employee's claim that he was terminated in violation of the state whistleblower law.
    • Defense verdict for municipality whose snowplow hit an oncoming vehicle head-on against claim for personal injuries of vehicle occupant.
    • Summary judgment secured for municipal employer against first amendment claims of several police officers claiming to have been defamed and subjected to a retaliatory investigation.
    • Summary judgment secured for Pennsylvania school district against former school board secretary's claim that she was terminated in violation of her first amendment rights and state whistleblower law.
    • Summary judgment secured for publicly traded company against former employee's claim that the company unevenly applied sales quotas to older workers, resulting in dismissal of the employee
    • Creasy v. Slippery Rock Area School District, 2013 U.S. Dist. LEXIS 80523
    • Whitesell v. Dobson Communications, 102 Fair Empl. Prac. Cas. (BNA), aff'd 2009 LEXIS 25791 (U.S. App.)
    • Diede v. City of McKeesport, 654 F. Supp. 2d 363 (W.D. Pa. 2009)
    • Moore v. Darlington Township, 690 F. Supp. 2d 378 (W.D. Pa. 2009)
    • Borough of West Mifflin v. Lancaster, 45 F.3d 780 (1995)
    • Heller v. Fulare, 454 F. 3d 174 (3d Cir. 2006)
    • Keefer v. Durkos, 2006 US Dist LEXIS 68519 Loughren v. USAA, 909 A.2d 896 (Pa. Super. 2006)
    • Loughren v. USAA, 909 A.2d 896 (Pa. Super. 2006)

Results

Successful Appeal of Summary Judgment in Favor of Insurer

We successfully appealed a summary judgment in favor of an insurance client that had been sued by another insurance carrier for more than $1.6 million in damages arising out of a fire loss to an insured auto repair facility. The opposing insurance company had paid $1.6 million in damages and intended to pursue a product liability claim against a vehicle manufacturer, alleging a defectively manufactured vehicle had caused the fire. Our client insured the vehicle that was allegedly defective. After the insurance companies conducted a preliminary expert evaluation, the vehicle was destroyed by a salvage yard in the normal course of business. A claim was made against our client for promissory estoppel where it was alleged the vehicle was destroyed despite a promise to preserve. The Pennsylvania Superior Court affirmed the Court of Common Pleas of Erie County’s rejection of the claims against our client and agreed with our contention that the promissory estoppel claim was a disguised claim for negligent spoliation, which the Supreme Court of Pennsylvania does not recognize. 

School District Prevails in Busing Dispute

We successfully defended a public school district that had been sued in federal court for not providing busing to charter schools within its district. The charter schools sought a temporary restraining order and a preliminary injunction to prevent the district from prioritizing busing to students attending traditional schools over those attending charter schools. The court agreed that the district was fairly maximizing its bus driver resources to service the most students possible.

Thought Leadership

Pa. Supreme Court Evaluates Constitutional Parameters of a Jury’s Punitive Damage Award

September 28, 2023

While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive to prove entitlement to punitive damages.

Legal Updates for Insurance Services

Pennsylvania Superior Court Addresses Stacking Waivers in Single Vehicle Policies

January 17, 2023

In Erie Ins. Exchange v. Backmeier, __A.3d__, 2022 Pa. Super. 221, the Pennsylvania Superior Court applied Pennsylvania Supreme Court precedent to determine that an insured’s waiver of stacking, executed on two single vehicle policies when issued, precluded inter-policy stacking of underinsured motorist benefits at the second priority level. Additionally, the court enforced the policies’ limit of protection to the highest applicable limit of liability under any one policy. Andrew Backmeier was tragically struck and killed by an underinsured motorist while riding his bicycle. His mother sought underinsured coverage pursuant to her two Erie policies that provided limits of $100,000 per person, unstacked. Both policies provided coverage at the second priority level under the MVFRL because they covered vehicles not involved in the accident. Erie filed a declaratory judgment action seeking a declaration that the Backmeier’s Estate’s recovery was limited to $100,000, as the Estate sought $200,000 and claimed that inter-policy stacking had not been waived on the two policies that covered only single vehicles. The Superior Court affirmed the trial court’s judgment for Erie. It applied existing precedent to conclude that the stacking waivers were valid since they were executed at the inception of the single vehicle policies, and no meaning other than waiver of inter-policy stacking could be ascribed to the waivers. Moreover, the limit of protection clause was not violative of the MVFRL because it limited recovery at the same level based upon a knowing waiver of stacking.    The material in Legal Updates for Insurance Services, January 17, 2023, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

What’s Hot in Workers’ Comp - News and Results*

RESULTS* Ben Durstein (Wilmington) obtained a favorable decision involving a claimant who fractured his patella in a work accident requiring two surgeries. The IAB rejected the claimant’s medical expert’s opinion that he sustained a 25% permanent impairment to the right lower extremity. Instead, the board accepted the opinion of the employer’s medical expert that the appropriate permanency was 13% utilizing the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment. Tony Natale III (King of Prussia) successfully had a claim petition alleging new injuries and periods of disability dismissed based on full recovery. The claimant was injured when his skid loader was struck by another loader in the process of baling hay. Original injuries were accepted and the claimant returned to work. Thereafter, the claimant abandoned work and filed a claim petition to assert new injuries and extended disability. Cross examination of the claimant’s medical expert stunningly revealed his failure to review claimant testimony, his lack of awareness of a social security disability decision detailing the existence of claimant’s alleged work-related conditions prior to the date of work injury, and his failure to understand that the claimant admitted to full recovery of injuries for which he was continuing to treat. Tony Natale III (King of Prussia) successfully obtained a defense verdict in a Medicare conditional payment lien third level appeal. The United States government alleged a Medicare conditional lien payment was due and owing in the upper six-figure range based on an auto accident and PIP policy for which the government conditionally became the primary carrier. The government argued that our client, the PIP carrier, was the primary payer and, under federal law, must reimburse the government for its conditional lien payment. At the third-level appeal hearing, the government’s position was refuted by the revelation that the date of injury tied to the medical bills associated with the lien was glaringly and chronologically prior to the insurer’s PIP policy date. The court held that based on this evidence and argument, the government could not meet its requirements to assert a lien against our client. A. Judd Woytek (King of Prussia) and John Abda (Scranton) successfully had a workers’ compensation claim petition granted for medical benefits only for a closed period with no wage loss awarded. The claimant alleged multiple injuries as the result of a very minor motor vehicle incident where a co-worker’s delivery van rolled down an incline of approximately six feet, and bumped into the rear of the claimant’s delivery van. He claimed he was thrown forward and suffered head and neck injuries, along with aggravating a pre-existing ankle injury. The claimant was also terminated following the accident for having a large hunting knife in his van, which was against the employer’s workplace violence policy. The judge granted the claim for a mild concussion and an ankle contusion, but terminated medical benefits as of the date of our IME’s. The judge found that no wage loss benefits were payable as the claimant was terminated for cause and work remained available to him. The judge found our medical experts to be more credible than the claimant’s, along with finding our four employer witnesses to all be credible. The trial team was assisted by paralegal Bonnie Zemek (King of Prussia). Eric Scott Thompson (Wilmington) was successful in a workers’ compensation matter in Delaware. On October 15, 2024, the claimant was injured while performing fire training in a multistory building when he tripped over a fire line, injuring his right knee. The claimant received regular and consistent treatment for the right knee through August 29, 2025, when he presented with left knee complaints for the first time. His treating orthopedist diagnosed a hamstring strain. The claimant was next seen October 15, 2025, with continued left knee complaints, and was referred to a total knee doctor within the practice. He was then diagnosed with a posterior root tear of the medial meniscus. Our expert testified that it was not plausible for a lateral hamstring strain to progress to a meniscal tear in two months. The claimant required a total knee replacement that was ultimately performed in February 2026. In the six months between the time of initial presentation with left knee complaints and the total knee replacement, conservative care consisted of a single injection. Our expert testified that posterior root media meniscal tears can respond to conservative care, and it was not known if it would with the claimant because it was not adequately explored. The Industrial Accident Board agreed with our expert and determined that the claimant failed to meet the burden of establishing more likely than not that the left knee complaints were caused by overloading/overuse as a result of the compensable injury to the right knee. They also agreed that the claimant was able to return to work in a sedentary capacity as opined by his physicians and our expert prior to the left total knee replacement and that there were employment opportunities available within his restrictions and capabilities as presented by the vocational expert. As a result, the claimant was no longer entitled to total disability benefits and will receive partial disability benefits for which he is limited to 300 weeks. Michele Punturi (Philadelphia) and Alana Staniszewski (Pittsburgh) had a termination petition granted in a Pennsylvania workers’ compensation case. The petition involved an echocardiography technologist with long-term employment at a local hospital who sustained a right shoulder injury resulting in surgery in January 2024. Following surgery, the claimant was diagnosed with a frozen shoulder and underwent additional surgery in June 2024, with a recommendation for a third surgery. The opinions of the defense medical expert, a Board-certified orthopedic surgeon, were found credible, persuasive, and competent based upon the extensive history he obtained from the claimant, analysis of the mechanism of injury, and review of records, along with comparison of MRIs from October 2023, February 11, 2024, and January 6, 2025, which failed to reveal any causal relationship other than a strain/sprain of the right shoulder. This evidence supported that the claimant had fully recovered, and was not in need of any ongoing medical treatment and/or restrictions. In particular, despite allegations of injuries beyond a sprain/strain, the defense medical expert identified that those allegations were not consistent with what was found at the time of surgery, and elements of the surgery were to treat a chronic and degenerative condition. Additionally there were no ongoing issues or problems with the subscapularis, which was intact, consistent with the follow-up MRI of February 11, 2024, and the claimant did not have evidence of a frozen shoulder. In fact, the MRIs and mechanism of injury, he opined, did not support any injury causing tendonitis or inflammatory conditions within the bicep tendon. Furthermore, multiple days of surveillance footage demonstrated the claimant’s normal use, with the ability to sweep and shovel snow, operate her vehicle, raise her arms above shoulder level, and use a broom – all without any observable difficulty, which challenged the claimant’s credibility of a disability and further established a lack of causation. As a result of this favorable decision, supersedeas fund reimbursement will be obtained for both wage loss and medical benefits through the supersedeas fund recovery process. *Prior Results Do Not Guarantee a Similar Outcome NEWS Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. The discussion included appropriate pre-mediation communications, setting of expectations, management of expectations, and working through the unexpected or unprepared. Attendees gained ideas about how and when to prepare, best practices, and the potential for non-parties (spouse, significant other, risk owners-insurers) to have differing perspectives or concerns than the actual employee and employer. On May 21-22, 2026, A. Judd Woytek, (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You: How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs.

Thought Leadership

NJ Workers' Compensation Legislation Update

A couple more bills were introduced for the 2026-27 session. Any updates since February have been highlighted in bold. A1023 | S3984 Medical use of cannabis under certain circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045 Certain injuries to volunteer and professional public safety and law enforcement personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A3724 Personal liability to employer officers for failure to pay for coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617 Certain workers' compensation supplemental benefits and funding method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026, and referred to the Assembly Labor Committee. S241 Inclusion in database of appointed officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. A1870 | S1379 Workers' compensation benefits for certain workers due to September 11, 2001, terrorist attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S2290 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026, and referred to the Senate Judiciary Committee. A3167 | S2372 Workers’ compensation insurance requirements for certain corporations and partnerships. This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1384 | S2757 Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S3144 Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026, and referred to the Senate Labor Committee. S3342 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026, and referred to the Senate Judiciary Committee. A3548 | S3571 Maximum benefits for certain volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment.. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee.