Marshall Dennehey's Insurance Coverage/Bad Faith Litigation Practice provides full-service insurance litigation solutions for national and global insurance carriers. Far beyond coverage and bad faith litigation counsel, our Insurance Services practice has developed a full suite of innovative services designed to meet the needs of our insurance carrier clients.
From Florida to New York, we use creative strategies to effectively control exposure, avoid litigation and transfer risk, while protecting our clients' brands and industry position. Our legal services include counsel and defense of issues arising from commercial, personal, and specialty property and casualty policies, professional liability policies, health/life policies and workers' compensation policies.
The Insurance Services Practice is led by Todd Leon, as the northeast head, and Michael Packer, shareholder in our Fort Lauderdale office, overseeing the south. While the group’s 20 attorneys provide continuity in legal services across the board, Mike and the southeast team have a keen understanding of the unique coverage issues inherent to the state of Florida. Supported by a network of outstanding associates, paralegals and support staff, we are adept at helping clients navigate all aspects of the most complex coverage disputes, first-party property and automobile litigation.
We have successfully represented and defended insurance companies in first-party and bad faith litigation in both state and Federal courts. We are experienced in issues concerning institutional discovery, corporate designee/apex/employee depositions and the tactics utilized by plaintiffs to leverage settlements. By providing strategic advice both before and during litigation, we assist clients in analyzing available coverage and minimizing future risk. When it is in the client's best interests to proceed to trial, our experienced trial attorneys are prepared to rigorously defend the most complex insurance coverage and bad faith cases.
Our services include:
- Coverage Consultation
- Third-Party Coverage/Litigation Services
- First-Party Property Coverage/Litigation Services
- First-Party Automobile Coverage/Litigation Services
- Bad Faith Litigation Services
- SIU/Fraud Coverage/Investigation/Litigation Services
- Indemnification Risk Transfer Strategies
- Coordinating Counsel Services
- CAT Operation Coverage Strategies
- Bad Faith Strategic Evaluation
- Policy Language Review
- Administrative/Insurance Department Representation and Strategies
- Claims Practices Consultation and Services
- Institutional Discovery Consultation and Services
- Development of Guidelines and Best Claims Practices Strategies
- Training and Educational Development from commercial, personal and specialty property and casualty policies, professional liability policies, health/life policies and workers' compensation policies
The Insurance Services Practice serves clients from our 19 offices located throughout Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio and Connecticut, and in neighboring jurisdictions in Maryland, West Virginia and Kentucky.
Results
Defense Verdict Received in an Insurance Exclusionary Clause Dispute
We received a defense verdict after bench trial in an insurance exclusionary clause dispute. The plaintiff’s personal property in a storage unit was damaged when a municipal water main broke outside the storage facility. The claims representative offered the full policy limits before trial. However, the plaintiff sought recovery of the full claim amount for her damaged property. We argued that her recovery was specifically excluded by the water damage exclusion provision within her insurance policy. The judge agreed and concluded that the water main was part of a containment system for water and the exclusionary clause was applicable.
Achieved Dismissal of an Appeal of Our Defense Verdict
We won dismissal of the plaintiff’s appeal of a defense verdict. Our client issued a professional liability insurance policy to the plaintiffs. When the plaintiffs were sued for legal malpractice, they notified our client of the suit and asked them to provide counsel to defend the matter. However, the plaintiffs never agreed to counsel proposed by our client. The plaintiffs then proceeded to mediation in the legal malpractice action and settled the matter without notifying our client. As a result, our client denied the plaintiffs’ request for indemnification. The plaintiffs then brought suit against our client for breach of contract and bad faith, alleging they wrongly denied indemnification and failed to provide counsel. The matter went to jury trial from April 8–11, 2024, where we successfully defended our client as the jury returned a defense verdict. The plaintiffs filed post-trial motions and then appealed the decision to the Superior Court of Pennsylvania, arguing the trial court erred in allowing the jury to see a copy of the insurance contract during their deliberations. The Superior Court dismissed the appeal and found that the plaintiffs waived their argument by failing to cite relevant legal authority in their appellate brief. The Superior Court also stated in a footnote that, should the court have reached the issue on appeal, it would have found it meritless because the insurance contract was a central piece of evidence to which the plaintiffs did not object during trial.
Thought Leadership
Daily Business Review
A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims
August 6, 2026
Kimberly and Seth, shareholders in the Insurance Services Practice in our Fort Lauderdale office, break down the Florida Supreme Court's decision in 'Trace Elements v. MacKensen' and what it means for property insurance claims in the state. Read the article here.
Law360
State of Insurance: Q2 Notes From Pennsylvania
July 28, 2026
News
Veteran Insurance Coverage Attorney Alexander J. Mueller Joins Marshall Dennehey’s New York City Office as a Shareholder in the Professional Liability Department
May 4, 2026
Marshall Dennehey Expands Florida Professional Liability Practice With Addition of Shareholder Brendan P. Smith in Orlando
October 27, 2025
