.

Dana A. Gittleman

Chair, Real Estate E&O Liability Practice Group

Portrait of Dana A. Gittleman

When professionals are faced with claims and lawsuits alleging professional negligence, breach of fiduciary duty and more, Dana provides a vigorous response and defense.  As a member of the Professional Liability Department, she routinely defends claims and lawsuits brought against insurance agents and brokers, attorneys, financial entities, large product manufacturers, lenders, directors and officers and other professionals.

Dana also serves as Chair of the firm's Real Estate E&O Liability Practice Group where she provides legal defense for real estate agents, real estate brokers, title agents, home inspectors, appraisers and mortgage brokers in cases brought against them.

Dana understands the disruption and angst professionals experience when claims are brought against them. With over 10 years of civil litigation experience, she approaches each matter with empathy and a strong determination to efficiently resolve the actions brought against her clients. A typical day in her practice might involve securing court dismissals on dispositive motions, mitigating risk via alternative dispute resolution, or collaborating with clients on defense strategy for swift case resolution.

Committed to mentorship and providing guidance to younger attorneys, Dana is also Chair of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks, including associates, special counsel and junior shareholders.

Dana is a member of the Professional Liability Underwriting Society (PLUS) and serves on the PLUS Mid-Atlantic Chapter Steering Committee. She frequently contributes articles to PLUS Blog. She is also an active member of the Professional Liability Defense Federation (PLDF) Insurance Law Committee, as well as the Philadelphia Bar Association having previously served on its Young Lawyers Division Executive Committee. She has been recognized by the Best Lawyers organization as a Best Lawyers: Ones to Watch since 2021, and she has been selected a Pennsylvania Super Lawyer Rising Star since 2019.

A graduate of Emory University, she received her juris doctor from the Villanova University School of Law where she was a Dean's Merit Scholarship recipient. While at Villanova, Dana served as a managing editor for student work for the Villanova Sports & Entertainment Law Journal.

    • Villanova University Charles Widger School of Law (J.D., 2012)
    • Emory University (B.A., 2008)
    • Pennsylvania, 2012
    • New Jersey, 2013
    • U.S. District Court Eastern District of Pennsylvania, 2014
    • The Best Lawyers: Ones to Watch®, Insurance Law; Product Liability Litigation - Defendants (2021-2025)
    • Pennsylvania Super Lawyers Rising Star (2019-2022)
    • Philadelphia Bar Association, Young Lawyers Division Executive Committee (2015-2017); YLD Treasurer (2016), Vice Chair (2017)
    • Professional Liability Underwriting Society (PLUS)
    • PLUS Mid-Atlantic Chapter, Steering Committee Member
    • PLUS E&O Think Tank Committee
    • Professional Liability Defense Federation Insurance Law Committee
    • NovUs, the Young Alumni Chapter of the Villanova University School of Law, Former President
    • Wicked Smart Tips for Working with Experts in Insurance Agent and Broker E&O Claims, PLDF Annual Conference, September 24, 2026
    • Developing Your Own Brand, Villanova University Charles Widger School of Law, March 16, 2026
    • Risk Mitigation and Management, Temple University’s Gamma Iota Sigma Chapter’s H. Wayne Snider Distinguished Guest Lecturer Series, February 4, 2026
    • Practical Considerations in Litigating Cases in PA and NJ, Client Seminar, October 31, 2025
    • PLUS Podcast: Insurance Agent E&O - Top Ten Tips for Risk Management Series, Episode 3, October 13, 2025
    • PLUS Podcast: Insurance Agent E&O - Top Ten Tips for Risk Management Series, Episode 2, August 7, 2025
    • PLUS Podcast: Insurance Agent E&O - Top Ten Tips for Risk Management Series, Episode 1, June 9, 2025
    • Insurance Agent and Broker Webinar, Philadelphia Insurance Company, April 1, 2025
    • Defending Home Inspector Claims - Prevention and Defense, Client Webinar, October 15, 2024
    • Risk Management for Insurance Agents & Brokers, Pittsburgh I-Day, October 8, 2024
    • Attorney Well-Being as a Matter of Professional Competence, Professional Liability Defense Federation Annual Meeting, September 26, 2024
    • Insurance E&O Litigation Trends and Best Practices, Client Seminar, May 7, 2024
    • Defending Home Inspector Claims - Prevention and Defense, Client Webinar, March 26, 2024
    • Defending Home Inspectors Claims - Prevention and Defense, Client Webinar, March 6, 2023
    • You Passed the Bar, Now What? How to Succeed in Your First Year as an Attorney, and How to Gain Experience, Philadelphia Bar Association Young Lawyers Division Bootcamp, October 28, 2016
    • Obtained a summary judgment dismissal in a Philadelphia Commerce Court commercial litigation matter. The case involved claims of unfair competition and tortious interference brought by one adult day care center against our client, a competing facility. The allegations centered on purported violations of regulations issued by the Pennsylvania Department of Aging and the Office of Long Term Living. The plaintiff’s final demand was $2 million, and no settlement offers were made before the trial court granted summary judgment.  
    • Obtained summary judgment for our insurance agent client, culminating in a dismissal with prejudice of all professional negligence claims.
    • Obtained a defense verdict in a Fourth Amendment civil rights trial in the Eastern District of Pennsylvania.​ The plaintiff alleged that a public agency violated his Fourth Amendment rights by searching and seizing his personal property after his vehicle was impounded. The defense witnesses each testified that the vehicle was never searched by the public agency and that the public agency does not have a policy or custom of searching vehicles once they are impounded, which was an essential element of the plaintiff's constitutional violation claim. After less than 15 minutes of deliberation, the jury unanimously found that the plaintiff failed to demonstrate that the public agency violated his constitutional rights, granting judgment in favor of the public agency defendant. 
    • Obtained dismissal with prejudice in Federal Court, Middle District of PA, for insurance broker client in a case involving liability / commercial insurance coverage claims related to lost business income as a result of government mandated closures triggered by the COVID-19 pandemic.
    • Secured voluntary withdrawal with prejudice of all claims against law firm client in action alleging legal malpractice, breaches of fiduciary duties and breach of contract.
    • Developed factual and legal bases for successful Motion for Summary Judgment for our attorney/law firm client, dismissing a complex legal malpractice action involving claims of professional negligence and fraudulent inducement, arising from an underlying personal injury litigation which concluded with a $700,000 settlement. Following discovery in the professional malpractice action related to coverage and liability issues, the court granted our motion dismissing the complaint in its entirety against the law firm and individual attorney defendants. For further details, click here.
    • Achieved dismissal of real estate agent in action seeking litigation costs and fees for purported failure to disclose a contractual term encumbering plaintiff’s property.
    • Secured voluntary withdrawal of civil suit alleging negligence and fraud against insurance broker following filing of Preliminary Objections.
    • Prevailed on Preliminary Objections on behalf of home inspector client in litigation alleging breach of contract, negligence, and breach of express and implied warranty claims.
    • Defended insurance agency in Chester County Court of Common Pleas action alleging negligence and breach of contract arising from damage to large landscaping equipment. Following discovery and before trial, settled suit on behalf of client with nominal payment, a fraction of the total exposure and settlement demand.
    • Extricated school district client from litigation alleging negligence for personal injury incident occurring on school bus with no settlement offered or tendered on behalf of client.
    • Obtained voluntary dismissal with prejudice of insurance broker client at suit inception. 
    • Obtained dismissal with prejudice of large automobile manufacturer on Preliminary Objections. The case involved product liability/product defect claims against our client, which were dismissed on procedural and substantive bases.
    • Assisted first chair counsel in successful jury trial in Philadelphia County Court of Common Pleas on behalf of large automobile manufacturer/distributor.  
    • Obtained dismissal of large automobile manufacturer on Motion for Judgment on the Pleadings in breach of warranty claim. 
    • Obtained defense verdict at arbitration involving claims for breach of contract/indemnification sought for hail/storm related roof damage.
    • Secured dismissal of defendants in a U.S. District Court for the Eastern District of Pennsylvania matter alleging claims including defamation, libel, slander, intentional and negligent infliction of emotional distress, invasion of privacy, false light and false imprisonment

Results

Montgomery County Court Dismisses Lawsuit Against Insurance Broker

We obtained dismissal of our insurance broker client on Motion for Summary Judgment in the Montgomery County Court of Common Pleas, Pennsylvania, on the basis of no duty breached, and lack of causation. Claimants asserted a professional negligence theory for allegedly allowing a commercial insurance policy to lapse, failing to notify the policyholder claimant of the lapse or cancellation, and allowing a subsequent gap in coverage to exist after the policy cancelled, when an underlying loss occurred. However, after completed discovery depositions and expert discovery, we successfully moved for summary judgment, arguing the policy cancelled because of the policyholder’s own failure to comply with premium audit requirements, rather than any liability or breach of standard of care by the insurance broker.

MD Successfully Defends Low Verdict Against Insurance Broker that Plaintiff Challenged on Appeal

In a case where an insurance broker faced claims of professional negligence, Carol VanderWoude (Philadelphia) successfully defended the plaintiff’s appeal from a verdict obtained by Tim Ventura and Dana Gittleman (Philadelphia). The verdict against our client, an independent insurance broker, was well below the lost value of UIM coverage (i.e., $1 million), which the plaintiff sought to recover based on an alleged breach of the professional standard of care in failing to procure an endorsement for $ 1 million in UIM coverage on the plaintiff’s decedent’s commercial auto policy.  The verdict is notable because, at trial, the client gave unexpected testimony which impacted liability, and when confronted with the client’s new trial testimony, our standard of care expert conceded a breach of the professional standard of care. Still, causation/damages were contested, and it was disputed at trial that the plaintiff’s decedent would have actually received $1 million in coverage. Tim elicited testimony on cross-examination of the plaintiff’s expert to show that there was no evidence establishing the insurer would have provided additional UIM coverage even if the endorsement had been purchased.  Prior to trial the parties entered into a stipulation stating that damages were capped at the value of the lost coverage, $1 million. Plaintiff’s counsel challenged the low verdict on various grounds, focusing on the fact that our expert conceded a breach of a standard of care based on the client’s unexpected trial testimony. He argued that, as a matter of law, the damages amount was the lost value of the coverage and the verdict should be increased to $1 million. The trial court agreed with our arguments, raised in opposition to the plaintiff’s post-trial motions, that the low verdict amount was supported by the record and that the plaintiff’s requests for post-trial relief were otherwise waived for various reasons.  The Superior Court affirmed in a unanimous decision.   

Thought Leadership

PLUS Blog

Insurance Broker Best Practices to Reduce AI-Related E&O Risk

August 25, 2026

Insurance agencies and brokerages, like most businesses, are increasingly using artificial intelligence and large language models (LLMs), such as ChatGPT and Gemini, in their daily operations. AI can provide significant advantages, including greater efficiency, enhanced productivity, and cost savings. For example, brokers may use AI to generate policy comparisons and proposals, accelerating the quoting process. However, these benefits come with risks. AI-generated information may be inaccurate, leading to improper advice, coverage misrepresentations, or binding coverage that violates underwriting guidelines. Overreliance on AI may also increase exposure to errors and omissions (E&O) claims and litigation. Insurance agencies can reduce AI-related risks by following these five best practices: 1. Require Licensed Producer Oversight AI can improve efficiency, but it does not replace the professional judgment or responsibility of a licensed producer. Treat AI-generated content as a preliminary draft that may contain errors. Before any quote, proposal, coverage summary, or policy comparison is provided to a client, a qualified individual should independently verify all material information, including coverage terms, limits, deductibles, exclusions and endorsements, against the applicable policy forms and source documents. 2. Establish a Formal AI Policy Agencies should adopt a written AI policy that defines: Approved AI tools; Information that may or may not be entered into AI platforms; AI outputs requiring licensed producer review; Tasks AI may assist with or perform autonomously, if any; and Permitted and prohibited uses. Approved uses may include document summarization and administrative support. Prohibited uses should include independently binding coverage, modifying limits, providing coverage advice, or communicating coverage determinations without human review. The policy should be distributed to all employees, supported by training, and reinforced through written acknowledgment of compliance. 3. Manage Third-Party AI and Data Security Risks Confidential client information, such as loss runs, financial records, proprietary information, or other sensitive data, should not be entered into unapproved public AI platforms. Agencies should also review contracts with AI vendors to ensure they adequately address confidentiality, cybersecurity controls, data retention, indemnification, insurance requirements, and limitations of liability. 4. Document AI Usage As with other client communications and insurance placement decisions, agencies should maintain records of AI-related activity. Documentation should reflect the client’s requests, information available to the producer, AI-generated output, any modifications or verification performed by agency personnel, communications with the client, and the coverage ultimately procured. Such records may provide valuable evidence in defending a future E&O claim. 5. Review Insurance Coverage Agencies should review their own E&O policies to determine whether any exclusions, limitations, or endorsements affect coverage for AI-related activities.  Likewise, agencies should be aware of any AI-related coverage restrictions contained in policies they recommend or place for clients. Conclusion AI is a valuable tool that can help insurance agents and brokers improve efficiency and service. However, it should supplement rather than replace the oversight, expertise, and professional judgment of a licensed producer. This article was originally published on PLUS Blog, the blog of the Professional Liability Underwriting Society, on August 20, 2026. All rights reserved. Further duplication without prior permission is prohibited. 

PLUS Blog

The Importance of Memorializing Settlement Terms

April 27, 2026

Settlement discussions often move quickly, and parties may assume that agreement on a dollar amount is enough to finalize a deal. But when material terms are left unspoken or undocumented, even routine negotiations can lead to costly and time‑consuming motion practice. 

Firm Highlights

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.