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Insurance Agents & Brokers Liability

Marshall Dennehey represents retail and wholesale insurance agencies and brokerage firms of all sizes and sophistication, ranging from family-owned businesses to nationally-known managing general agents and risk retention groups in state and federal court. We defend these clients against claims involving allegations of professional negligence, breach of fiduciary duty, and breach of contract and fraud, among others. We routinely defend claims by policyholders and carriers across multiple lines of coverage, in admitted and surplus markets.

As trial lawyers with extensive experience dealing with all aspects of both underwriting and claims processes, we pride ourselves in the efficient resolution of actions brought against our clients, whether by securing court dismissals on dispositive motions in civil suits, mitigating risk via alternative dispute resolution, or providing an aggressive defense through trial to verdict. 

Emerging trends in claims against insurance agents and brokers may suggest an expanding "special relationship" and a heightened duty to advise. While this trend is challenging for the defense bar, the breadth of our practice enables us to shape the evolving common law and monitor national case law as it develops. Our longstanding relationships with a number of E&O carriers provide us with a unique perspective as we maximize resources to achieve the best results for our clients at the right cost. Evolving regulatory and licensing matters are also a challenge that we are well-equipped to handle.

In addition to litigation, we routinely provide in-house risk management training for E&O carriers throughout the country and for agents/brokers through industry trade organizations including the National Faculty for the Society of CIC, the CPCU Society, Motor Carrier Insurance Education Foundation, and state and local trade groups. Currently, we operate professional liability hotlines on behalf of E&O clients. Our attorneys are also active in the Professional Liability Underwriting Society (PLUS) and frequently publish on agent/broker E&O topics in leading industry publications including PLUS Journal; The Institutes CPCU Society's professional journal, Insights; and the Defense Research Institute's (DRI) newsletter, Riding the E&O Line.

Our Insurance Agents & Brokers Liability Practice Group serves clients from our 20 offices located in Pennsylvania, New Jersey, New York, Delaware, Florida and Ohio, and in neighboring jurisdictions in Maryland, Connecticut, West Virginia and Kentucky.

May 11, 2018
We obtained summary judgment on behalf of an insurance agency and insurance agent in a fraud action. Venued in Cincinnati, the case involved a dispute over the agent’s alleged failure to procure insurance coverage for a residence that...
Jan 16, 2018
Obtained summary judgment in Nassau County, New York on behalf of an insurance broker in a negligence and breach of contract action. Our client allegedly failed to procure proper insurance coverage, resulting in uninsured Superstorm Sandy-related...
Dec 1, 2017
Obtained summary judgment in Allegheny County, Pennsylvania on behalf of a life insurance agent in a fraud and negligence action. Our client was alleged to have forged certain policy documents in an effort to "churn" the existing policies...
May 11, 2017
Obtained a non-appealable defense award at binding arbitration in an alleged negligent procurement of insurance case. The plaintiff alleged the insurance agent failed to obtain comparable coverage to the plaintiff’s prior coverage, resulting...
Apr 21, 2016
Obtained summary judgment on behalf of an insurance agent and agency in Ohio, who sold the plaintiff property and liability insurance on its business. A fire loss occurred, and the insured discovered that it did not have business interruption...

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Law Alerts June 1, 2018
New York Court Addresses When an Insurance Broker Has a Special Duty of Advisement   By G. Jay Habas, Esquire* In New York, the duty of an insurance broker to obtain insurance coverage for a client is narrowly defined to require that a client..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts April 4, 2018
Ohio Supreme Court Clarifies Start of Statute of Limitations in Insurance Agent & Agency Negligence Actions   By David J. Oberly, Esquire The Ohio Supreme Court has issued a significant decision that is extremely pertinent to all..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts April 1, 2018
This Ohio Supreme Court decision involving a dispute between an insurance agent and an insurer has potential implications for claims alleging breach of insurance contracts and breach of the duty of good faith and fair dealing. The court held that..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts April 1, 2018
A moving and storage company in California tendered the defense of a personal injury suit to Transguard, which denied coverage. The agent, Maciolek, was alleged to be a representative of Transguard who told the insured that Transguard had accepted..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts March 1, 2018
By David Henry, Esquire Key Defenses to E&O Claims That Really Aren’t     One of the most important defenses in a failure to procure claim against an insurance agent is not technically a defense—it is something a..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts February 1, 2018
By Timothy G. Ventura, Esquire PA Supreme Court Decision Bolsters Defense of Financial Advisors/Insurance Agents   Yenchi v. Ameriprise Fin., Inc., 161 A.3d. 811, 820 (Pa. 2017) Insurance agents and brokers and financial advisors..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Defense Digest Article December 4, 2017
Defense Digest, Vol. 23, No. 4, December 2017 By Timothy G. Ventura, Esq. Key Points: A fiduciary duty may arise in the context of consumer transactions, only if one party cedes decision-making control to the other party. Reliance on..., Defense Digest, Vol. 23, No. 4, December 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not...
Defense Digest Article March 1, 2016
By David J. Oberly, Esq.* Key Points: Insurance agent liability is on the increase. Insurance agents are now viewed as professionals and fiduciaries with insurance expertise. To combat claims against insurance agents, a close..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

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Additional Contacts

Christopher E. Dougherty
Director, Professional Liability Department
(215) 575-2733
cedougherty@mdwcg.com
Eric A. Fitzgerald CPCU, CLU
Assistant Director, Professional Liability Department
(215) 575-2688
eafitzgerald@mdwcg.com

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