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Results

  • Philadelphia Commerce Court Grants Summary Judgment, Dismissing $2M Unfair‑Competition and Tortious‑Interference Claims

    We obtained summary judgment dismissal, following Oral Argument, in a Philadelphia Commerce Court commercial litigation matter involving allegations of unfair competition and tortious inference with contract and business relationships, brought by one adult day care center against our client, a competing adult day care facility.  The plaintiff’s suit stemmed from alleged violation of regulations set forth by the Pennsylvania Department of Aging and its 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.

  • 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.   

  • Philadelphia Court Dismisses Lawsuit Against Insurance Broker

    We obtained dismissal of our insurance broker client on Motion for Judgment on the Pleadings in the Philadelphia County Court of Common Pleas on the basis of a statute of limitations defense. Plaintiff alleged a failure to procure insurance that would cover an employee’s death in the course of business operations. We successfully argued that the four-year statute of limitations applicable to breach of contract claims barred plaintiff’s claims based upon several instances of notice of the insurance policy terms and coverages, and a claim determination, all of which preceded the suit inception by more than four years. 

  • Claims against Ohio insurance agent dismissed.

    The agent was sued by a condominium association, that alleged the insurance agent inappropriately and unlawfully inserted himself into the insurance company’s investigation and tortuously interfered with a contract that resulted in the insurance company paying far less than the $1.3 million in damages alleged by the condominium association. After taking depositions of the individuals from the condominium association, the insurance company and defending his client’s deposition, we convinced the plaintiff’s attorney to dismiss all claims against the insurance agent.

  • Defense Verdict for Insurance Producer After One-Week Jury Trial

    We obtained a defense verdict in a one-week trial in Hudson County, New Jersey, in a case where the plaintiff alleged the defendant insurance producer failed to alert the plaintiff of a policy renewal coming up and then failed to advise him that the policy had lapsed, and he had no insurance.  The plaintiff claimed the defendant breached a contract to provide the plaintiff with notices by email and that the defendant breached a duty of care in a claim for professional negligence. Due to the breadth of the insurance policy at issue, the claim against the defendant was for $500,000. At trial, the plaintiff relied upon his testimony that he did not receive the notices or any calls from the defendants regarding the lapse. We argued and established that any potential breach of contract or breach of a professional duty of care was not the proximate cause of the plaintiff’s damages because he failed to take any steps to either calendar or diary his insurance renewal deadlines and also failed historically to timely renew his insurance policies in the eight years preceding this loss. After an hour and fourteen minutes of deliberation, the jury agreed with the defense and found that the plaintiff could not establish a proximate cause between the alleged breach of a duty of care and plaintiff’s damages.   

  • Negligence Claims Against Insurance Broker Dismissed

    We successfully defended an insurance broker in a negligence claim. After a tornado damaged his property, the third-party plaintiff rented an excavator that was damaged due to a collision during its operation. Before renting the excavator, the third-party plaintiff contacted our client, an insurance broker, requesting that the agency procure insurance to protect him against loss to the excavator. Our client arranged for third-party plaintiff’s purchase of two policies; however, the specific collision that occurred was not covered under either policy. The insurance company for the rental facility paid for repairs to the excavator and demanded reimbursement from the third-party plaintiff who, in turn, requested our client satisfy the claim. The third-party plaintiff eventually dismissed his claims against our client after we argued: (1) the third-party plaintiff could not satisfy the elements needed to establish a negligence claim; (2) our client made no negligent misrepresentation of fact; and (3) our client did not owe a fiduciary duty to the third-party plaintiff. There were no facts to support a finding that there was negligence just because this specific instance was not covered by the policies in place. An insurer has a duty to read his policies and a failure to do so does not impute negligence. Additionally, there were no misrepresentation of facts and there was no fiduciary duty between the agent and the insured. For there to be a fiduciary duty between an agent and insured, there must be a mutual understanding of such, which was not the case here. 

  • Defense Shuts Down Investigation of Life Insurance Agent

    We effectively shut down a Maryland Insurance Department investigation of a life insurance agent who was the subject of a customer complaint. The complaint alleged the agent oversold life insurance to a couple who contended the amount of insurance was excessive, unsuitable and unnecessary. We were able to demonstrate to the regulators that the agent did a thorough job in explaining the need and purpose for the coverage, and that the couple could afford the coverage and actually drove the decision to purchase the coverage, only changing their mind later, after the client was criticized by a subsequent insurance agent. We also defeated a Certified Financial Planner Board investigation involving the same matter. 

  • Dismissal of Lawsuit Against Insurance Agent

    We successfully argued for the dismissal of an action in Wyoming County on a matter involving the sale by an agent of a number of mutual funds (with IRA retirement funds). In this case, the plaintiff contended the mutual funds were excessive and unsuitable. We convinced the trial court judge that plaintiff’s counsel’s lack of activity for several years on the case, and his failure to respond to long-outstanding discovery, warranted dismissal of the lawsuit.

  • Summary Judgment Win on Behalf of Ohio Insurance Agent and Broker

    The plaintiff, who owns a restaurant, sustained personal injuries in a car accident while on a business errand. He collected the tortfeasor’s liability limits of $100,000, and then filed underinsured motorist claims with his own insurance carrier who had issued the personal auto and commercial auto policies. The underinsured claims were denied by the carrier. There was no UIM coverage under the personal auto policy because the $100,000 UIM limits equaled the liability carrier’s limits. Further, although the plaintiff had $1 million UIM limits on his commercial policy, the Mazda he was driving at the time of the accident was not listed on the commercial policy; rather, it was listed on the personal auto policy. The court granted our motion for summary judgment on several bases: the Statute of Limitations began to run when the Mazda was first put on the personal auto policy, not when the accident occurred; despite the plaintiff’s and the agent’s friendship and long-standing business dealings, there was not a fiduciary relationship between the agent and insured customer; and the agent’s alleged statement to the plaintiff that he was covered in “every single possible way you can think of” did not amount to a misrepresentation of fact. 

  • Federal Court Lawsuit Against Insurance Broker Dismissed

    We obtained dismissal of claims asserted against our insurance broker client for breach of contract and declaratory judgment in connection with a COVID-related business interruption loss. The Court granted our Motion to Dismiss, determining that plaintiff restaurant lacked a viable breach of contract claim against the insurance broker, and thus that the derivative declaratory judgment claim also failed as a matter of law.  The lawsuit arose from pandemic-related, government-mandated business closures and plaintiff’s claim for business interruption losses, which was denied by its insurer.  The allegations against our client pertained to alleged breach of the insurance policy and coverage obligations under the policy, which unequivocally stated that the parties to the insurance policy were plaintiff as policyholder and the insurer – not our insurance broker client.   In the Magistrate Judge’s Opinion, adopted by U.S. Middle District of PA Judge Mariani, the Court concluded that our client was not a party to the insurance policy contract and did not agree to undertake any responsibilities or liabilities for the insurer’s coverage determinations, but merely acted as an agent for a plainly disclosed principal (insurer) and facilitated the contract between the parties thereto.  

  • Lawsuit Against Insurance Broker Dismissed

    In a case where we represented an insurance broker, a Federal District Judge from the Southern District of West Virginia granted our motion to dismiss and dismissed the suit in its entirety. The plaintiff was a women’s fashion and accessory boutique. The suit arose from a dispute over the plaintiff’s insurance coverage for damages it sustained while being ordered to close by West Virginia’s COVID-19-related orders. The insurance carrier filed a motion to dismiss, and, thereafter, the plaintiff voluntarily dismissed the carrier. The broker filed a motion to dismiss all of the claims plead against it, including bad faith, West Virginia’s Unfair Trade Practices Act, estoppel and breach of fiduciary duty. The court dismissed the counts of bad faith and Unfair Trade Practices Act, finding that the plaintiff failed to provide sufficient allegations to support such claims. The court further explained that the plaintiff alleged very few facts specific to the broker and that the allegations plead did not support any unreasonable conduct by the broker, which is required to establish bad faith or deception. For similar reasons, the court held that the plaintiff’s estoppel claim failed. The plaintiff alleged the broker advised that they would have coverage as a result of the COVID-19 orders. The court found that the plaintiff failed to allege how it relied on those representations or how that reliance was detrimental. The alleged representations occurred months after the plaintiff accepted the policy and did not appear to have any impact on the plaintiff’s request for payments from its insurance carrier. Finally, the court explained that the plaintiff failed to identify any West Virginia authority to establish a breach of fiduciary duty against the broker. Regardless, the court found that the plaintiff failed to allege that it requested specific coverage before the broker procured the policy.

  • Summary Judgment on Behalf of an Insurance Agent and Broker in the Franklin County Ohio Court of Common Pleas

    The plaintiff, who owned his own restaurant business, sustained personal injuries in a car accident while on a business errand. He collected the tortfeasor’s liability limits of $100,000 and then filed underinsured motorist claims with his own insurance carrier that had issued the personal auto and commercial auto policies. The underinsured claims were denied by the carrier. There was no UIM coverage under the personal auto policy because the $100,000 UIM limits equaled the liability carrier’s limits. Further, although the plaintiff had $1 million in UIM limits on his commercial policy, the Mazda he was driving at the time of the accident was not listed on the commercial policy; rather, it was listed on the personal auto policy. The plaintiff then sued the insurance agent and broker who listed the Mazda on the personal rather than commercial policy. He argued professional negligence, breach of fiduciary duty and negligent misrepresentation. Extensive discovery was conducted, including depositions of insurance standard of care experts for each side. The court granted Ray’s motion for summary judgment on several bases: the statute of limitations began to run when the Mazda was first put on the personal auto policy, not when the motor vehicle accident occurred; despite the plaintiff’s and the agent’s friendship and long-standing business dealings, there was not a fiduciary relationship between the agent and insured customer; and the agent’s alleged statement to the plaintiff that he was covered in “every single possible way you can think of” did not amount to a misrepresentation of fact.    

  • Lawsuit Against West Virginia Insurance Broker Dismissed

    In a case where we represented an insurance broker, a Federal District Judge from the Southern District of West Virginia granted our motion to dismiss and dismissed the suit in its entirety. The plaintiff was a women’s fashion and accessory boutique. The suit arose from a dispute over the plaintiff’s insurance coverage for damages it sustained while being ordered to close by West Virginia’s COVID-19-related orders. The insurance carrier filed a motion to dismiss, and, thereafter, the plaintiff voluntarily dismissed the carrier. The broker filed a motion to dismiss all of the claims plead against it, including bad faith, West Virginia’s Unfair Trade Practices Act, estoppel and breach of fiduciary duty. The court dismissed the counts of bad faith and Unfair Trade Practices Act, finding that the plaintiff failed to provide sufficient allegations to support such claims. The court further explained that the plaintiff alleged very few facts specific to the broker and that the allegations plead did not support any unreasonable conduct by the broker, which is required to establish bad faith or deception. For similar reasons, the court held that the plaintiff’s estoppel claim failed. The plaintiff alleged the broker advised that they would have coverage as a result of the COVID-19 orders. The court found that the plaintiff failed to allege how it relied on those representations or how that reliance was detrimental. The alleged representations occurred months after the plaintiff accepted the policy and did not appear to have any impact on the plaintiff’s request for payments from its insurance carrier. Finally, the court explained that the plaintiff failed to identify any West Virginia authority to establish a breach of fiduciary duty against the broker. Regardless, the court found that the plaintiff failed to allege that it requested specific coverage before the broker procured the policy.

  • Successful Defense of Insurance Agency and Agent in Ohio Appellate Court

    We defended an insurance agency and agent in the Twelfth Appellate District of Ohio. The plaintiffs contacted the insurance agent to obtain insurance for two residential properties. The agent obtained the requisite information for the insurance applications from the plaintiffs, including their primary mailing address, a post office box address. The agent advised them that their only insurance option was through the Ohio Fair Plan (OFP), as neither property had been insured in the prior three years. The plaintiffs gave the agent a check for the premium. The agent explained that the OFP would inspect both properties prior to issuing coverage and that coverage would be cancelled if any required repairs were not made. The OFP sent a notice of cancellation to the post office box listed on the insurance application. It also sent a refund check to the agent. The plaintiffs claimed that they never received the notice of cancellation or the refund check. They sued OFP, the agent and insurance agency. After written briefs and oral argument, the court of appeals affirmed summary judgment in favor of the agent and agency on the grounds that there was no evidence that the agent represented to the plaintiffs that the property had insurance coverage prior to a fire at one of the properties. Further, although the plaintiffs claimed that they never received notice of cancellation, the insurance application indicated that they would be informed directly from the insurer whether or not coverage was going to be provided. Therefore, the agent was not required to inform the plaintiffs of the cancellation. The court also held that the plaintiffs failed to present any evidence the agent fraudulently concealed the refund check from them, even if they did not receive the check.

  • Summary Judgment for Insurance Agency and Agent

    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 sustained extensive, uncovered fire damage. The client had assisted the two homeowners in procuring insurance coverage for their residential properties with the Ohio Fair Plan Underwriting Association, an entity created by the Ohio legislature to provide insurance for property that is not insurable in the normal insurance market. After completing an inspection of the property, Ohio Fair Plan issued a notice that the carrier was cancelling the homeowners’ insurance contract. Ohio Fair Plan also issued a refund check to the homeowners. Sometime thereafter, a fire occurred at the homeowners’ residence. It was later conclusively determined that the homeowners did not have coverage with Ohio Fair Plan for the loss as a result of the cancellation of the contract. The homeowners alleged that they never received the cancellation notice or the refund check from Ohio Fair Plan or their insurance agent. The homeowners filed suit against the insurance agent and his agency, alleging claims of fraudulent misrepresentation and fraudulent concealment as a result of the homeowners’ purported failure to receive the notice or check prior to the time of the fire, which the homeowners alleged would have enabled them to procure alternative coverage. The defense moved for summary judgment, arguing that the fraudulent misrepresentation claim lacked merit because the insurance agent never misrepresented any fact relating to the homeowners’ insurance coverage and never concealed any material fact from the homeowners. The court agreed and granted summary judgment.

  • Summary Judgment for Insurance Broker in Negligence and Breach of Contract Action

    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 losses claimed to be in excess of  $2.3 million.  The court granted summary judgment and dismissal of the complaint, finding that the plaintiffs were unable to support its claims without non-hearsay evidence.

Firm Highlights

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

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

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies.