Stephen J. Poljak
Suite 500
Fort Lauderdale, FL 33301
Stephen is an experienced appellate attorney, having handled several hundred matters before the Superior and Supreme Courts of Pennsylvania and the Third Circuit. Much of his practice is devoted to matters involving insurance coverage disputes, bad faith litigation, personal injury, and products liability. As well, Stephen has represented many real estate agents in malpractice actions and numerous insurance companies in coverage declaratory judgment actions.
Prior to college enrollment, Stephen served in the United States Navy, where he served for a major NATO command in Lisbon, Portugal. Following his discharge, Stephen completed his education at Duquesne University receiving a Bachelor of Arts degree in Political Science in 1979 and a Master's Degree in American History in 1980. Thereafter, Stephen was employed by Gilbert Commonwealth Associates and Westinghouse Electric Corporation as a consultant regarding personal computer installation and networking.
While working for Westinghouse Electric Corporation, Stephen attended Duquesne University Law School receiving his juris doctor in 1987. Stephen was employed as a defense attorney by several Pittsburgh law firms before joining Marshall, Dennehey, Warner, Coleman & Goggin in December 1997.
Significant Representative Matters
Successfully argued that Section 1734 of the MVFRL does not provide a remedy even if the insurance company is found to have violated its provision.
Successfully argued that the intentional act exclusion, which precluded coverage for the intentional acts of "any" insured, precluded coverage to an "innocent co-insured." This is the first time in Pennsylvania that this language was applied in a personal injury action and not a property damage case.
Successfully presented an interlocutory appeal to the Third Circuit on a state law defamation claim. The court reversed the decision of the lower court and directed that judgment be entered in our client's behalf.
Successfully handled a declaratory judgment action with the potential exposure of $30 million. Case involved the killing of five persons and the injuring of a sixth. Issue was whether the intentional acts exclusions and the criminal acts exclusion was applicable to avoid coverage and defense obligations to the parents of the shooter, who resided with the parents at the time. Successfully filed a Motion for Summary Judgment with the lower court. The granting of the motion was affirmed by the Superior Court (both by a regular panel and an en banc panel) and appeal was rejected by the Supreme Court.
Areas of Practice
Published Works
"Sustaining Quality of Life for Patients with Terminal Illness," (Dr. Cyril Wecht, Editor), Legal Medicine, 1986
"The Rights of Innocent Co-Insureds Under a Joint Policy," Pennsylvania Law Weekly, July 7, 1998
"Third Party Permitted to Sue Insured Despite the Absence of an 'Actual Trial'," Defense Digest, Vol. 4, No. 5, 1998
"Failure to Defend May Not Bind Insurer to Pay Claim," Defense Digest, Vol. 5, No. 2, 1999
"Bad Faith Statute Extended to Insurer's Conduct Before, During, or After Litigation," Defense Digest, Dec. Vol. 5, No. 6, 1999
Education
Duquesne University School of Law, Pittsburgh, Pennsylvania, 1987 J.D.
Law Review: Member, Duquesne University Law Review, 1985 - 1987
Duquesne University, 1980 M.A.
Duquesne University, 1979 B.A.
Areas of Practice
Education
- Duquesne University School of Law (J.D., 1987)
- Duquesne University (B.A., 1979; M.A., 1980)
Bar Admissions
- Pennsylvania, 1987
- U.S District Court Western District of Pennsylvania, 1987
- U.S. Court of Appeals 3rd Circuit, 1989
- Florida, 2010
- U.S. Court of Appeals 11th Circuit, 2010
Associations & Memberships
- Allegheny County Bar Association
- Pennsylvania State Bar