Defense Digest

Marshall, Dennehey's Insurance Coverage and Extracontractual Liability Group
By Eric A. Fitzgerald, Esq., CPCU, Are*

Marshall, Dennehey, Warner, Coleman & Goggin's Insurance Coverage and Extracontractual Liability group is one of the nation's largest litigation groups devoted exclusively to the representation of insurance companies and their employees in coverage and bad faith litigation.  With nearly 20 attorneys spread across seven of the firm's offices, we are uniquely positioned to provide timely, competent, and consistent counsel to the industry.

We Are Your Lawyers

Marshall Dennehey's coverage group members are tuned into the needs of the industry because we know that understanding the language of the industry is essential to communicating with our clients.  Our group includes former claims managers and adjusters.  Our Group Chair, Eric Fitzgerald, is a Chartered Property Casualty Underwriter and is currently a National Governor for the CPCU Society and a member of the AICPCU's Advisory Committee.  Our members speak regularly at industry seminars and publish in industry periodicals.  Our mission is to integrate our group within the industry so that we can best represent the industry.

Fast Turnaround – "The 10 Day Rule"

Our group knows that fast turnaround is critical to providing proper coverage counsel.  For this reason, we have instituted our firm wide "10 day rule."  Simply put, when we receive your coverage assignment, we will render our written coverage opinion within ten days of receipt of your claims file materials.  We are staffed expressly to provide this unique service to our clients because it matters to you.  We are well aware of the statutory and regulatory demands of each of the states in which we practice with respect to communications with insureds.  As such, we are a "one stop shop" for the industry in Pennsylvania, New Jersey, Delaware, Florida, and Ohio for assistance in the drafting of reservation of rights letters, non-waivers, and disclaimers.  We know the rules, and we follow them.  And when you know the rules as well as we do, you know that this fast turnaround is essential to protect the interests of our clients.

Decades of Experience in Bad Faith Litigation

Our attorneys bring decades of collective trial experience in the representation of insurers in bad faith litigation.  Our firm's historical affiliation with the industry positioned our senior trial lawyers at the forefront of the explosion of bad faith litigation.  As such, our firm has litigated many of the most significant bad faith decisions that formed the landscape of bad faith litigation as it stands today.  Bruce Morrison, our Group's senior trial attorney, is recognized throughout the state of Pennsylvania as a leading voice in the defense of bad faith litigation.  Bruce and Bill Foster, another of our senior trial attorneys, are regulars on cutting-edge bad faith seminar panels for both attorneys and insurance professionals.  In addition, two of our group members have joined us from plaintiff bad faith practices, and they bring their unique knowledge of the "other side" to our collective experience.

Local Attorneys with Local Experience

In keeping with the philosophy of Marshall Dennehey's firm wide structure, our group has local attorneys with local experience throughout our offices.  For example, in a nationally recognized "hotbed" of bad faith litigation – Pennsylvania's Luzerne and Lackawanna counties – we have two homegrown attorneys who are natives of the area and are well known to the local bench and bar.  Our Florida offices are staffed with group members familiar with Florida's unique statutes and case law applying to coverage and bad faith litigation.  Simply put, Marshall Dennehey does not get "hometowned" in bad faith cases.  We have the local expertise to handle coverage issues and bad faith litigation wherever they arise. 

We Never Met a Policy Form We Didn't Like

Marshall Dennehey's coverage attorneys are well versed in all lines of coverage.  We handle all commercial lines, including: professional liability; directors and officers; commercial general liability; commercial auto; excess and umbrella; boiler and machinery; commercial property; business interruption; commercial crime; environmental; trucking; and a wide array of surplus, specialty, and manuscript forms.  For example, our senior New Jersey coverage attorney, Steven Polansky, brings his experience as an accountant to first party commercial business interruption and valuation cases. We regularly work with the personal auto and homeowner forms for insurers controlling the majority of the personal lines market.  We also handle hybrid coverages, including farm, flood, and many different package policies.  In coordination with our Life Health & Disability group, our members also work with life insurance, disability, and health policies, and they are well versed in the complex area of ERISA litigation.  Our group chair also holds the Associate in Reinsurance ("ARe") designation, and our group has represented primary insurers and reinsurers alike.

Making the World Safe For Insurance Companies

Marshall Dennehey's Coverage and Extra-Contractual Liability Group is ready, willing, and able to handle any coverage issues, coverage litigation, or bad faith litigation that arises in any of the states in which we practice.  We are committed to the prompt turnaround of coverage opinions and recommendations.  We are local, and we are nationally recognized.  We are your lawyers. 

* Eric, a shareholder, can be reached at either (215) 575-2688 or (570) 496-4604 or efitzgerald@mdwcg.com.