Jeffrey J. Chomko

As a shareholder in the firm's Professional Liability Department, Jeffrey concentrates a significant portion of his practice in defending errors and omissions claims directed to insurance agents and brokers, investment professionals, real estate professionals, appraisers and home inspectors in the State and Federal Courts of Pennsylvania. He also represents these professionals before state securities and insurance commissions, real estate commissions, and other regulatory forums, including the Financial Industry Regulatory Authority (FINRA), and Commonwealth Regulatory Agencies. These matters involve licensure issues, administrative and regulatory litigation, and responding and defending against complaints and inquiries.

Jeffrey also defends funeral industry professionals, including funeral directors and cemeteries. Jeffrey has litigated bench and jury trials involving complex insurance, securities, commercial, real estate and burial disputes. He has represented insurance agents, securities brokers, real estate agents, title agents, home inspectors, banks, condominium boards, property management companies, and other commercial entities. He also has a strong background defending both general liability and casualty matters from the most basic to the most complex.

Jeffrey practices in both the state and federal courts of Pennsylvania, regularly representing clients in Pennsylvania State Courts, and the Federal District Court for the Eastern and Middle Districts of Pennsylvania. Jeffrey has entered PRO HAC VICE in multiple lawsuits in other jurisdictions, including Connecticut, Florida, Ohio, New Jersey, Delaware, and Virginia. He has a strong command of state and federal procedural rules and is well versed in the intricacies of local, state, and federal practice. In addition to litigating matters, he often utilizes the mediation and arbitration process to resolve complex disputes, including AAA Arbitration and through private mediators.

Throughout his career, Jeffrey has successfully litigated/handled hundreds of civil matters resulting in many defense verdicts, dismissals, or favorable settlements in both judicial and non-judicial forums. As a former registered representative, his understanding of the workings of the financial services industry and markets, as well as his familiarity with all types of insurance and investment products, has enabled him to efficiently and effectively handle complex insurance and securities disputes. His knowledge of residential and commercial real estate and the burial industry also allows him to successfully litigate these matters.

A graduate of Villanova University and Boston College Law School, he frequently presents to clients and industry groups on insurance and real estate related issues. His most recent presentation was "Best Practices for Insurance Agents and Brokers."

- Boston College Law School (J.D., 1988)
- Villanova University (B.A., 1984)
- Pennsylvania, 1988
- U.S. District Court Eastern District of Pennsylvania, 2001
- U.S. District Court Middle District of Pennsylvania, 2001
- The Best Lawyers in America©, Insurance Law (2027)
- Philadelphia Bar Association
- "Protecting Yourself Against Professional Liability Lawsuits," ICCFA Magazine, publication of the International Cemetery, Cremation & Funeral Association, July 2016
- "Beware E & O Holes in Your Agency's Digital Efforts," Independent Agent, May 2014
- Successfully defended insurance agent in a Maryland Insurance Department investigation involving a customer complaint concerning the sale of life insurance policies. The complaint alleged the agent oversold life insurance to a couple who claimed the amount of insurance was excessive, unsuitable and unnecessary. Jeffrey was 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 policies. They only changed their mind later, after the client was criticized by a subsequent insurance agent. Jeffrey also shut down a Certified Financial Planner Board investigation involving the same matter.
- Successfully gained dismissal of an action against an insurance agent in Wyoming County Pennsylvania on a matter involving the sale by an agent of a number of mutual funds (IRA retirement funds). In this case, the plaintiff contended the mutual funds were excessive and unsuitable. Jeffrey 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 a full dismissal of the lawsuit.
- Defense verdict obtained on behalf of a registered investment advisor and broker-dealer following a four day jury trial in Schuylkill County. The registered investment advisor and broker dealer were sued by their former client for investment losses. The Plaintiff was a paraplegic whose wealth was obtained through a jury verdict and settlements related to his injuries. The case was defended on the basis that the registered investment advisor met the standard of care and did not breach any duties owed to the Plaintiff, as well as the fact that the Plaintiff was net profitable in his investments. The Plaintiff sought to "cherry pick" losing investments from an overall profitable portfolio.
- Represented and obtained dismissal of an insurance agent in the Philadelphia Court of Common Pleas in a matter involving an insurance policy the agent had sold to a professional hockey player. When the player's widow brought a claim for a breach of the standard of care, Jeffrey successfully argued that no duty was owed or breached.
- Obtained summary judgment in a binding arbitration on behalf of an insurance agent against a well-known Philadelphia restauranteur in a dispute involving the assessment of a co-insurance penalty. Succesfully argued that the insured's own conduct barred him from obtaining recovery.
- Obtained summary judgement on behalf of an insurance agent and agency against a lawyer/plaintiff in a case involving the placement of coverage for a residential commercial property in Philadelphia. Successfully argued that no breach of contract claim was manifested.
- Successfully resolved a condominium dispute involving a resident who sued a condominium board and its individual officers in tort and contract, by establishing that the board acted properly in its management and oversight of the property.
- Successfully defended claims for declaratory, injunctive and monetary relief on behalf of a non-profit retirement organization by arguing that the entity acted properly in assisting its members in purchasing and residing in a Center City condominium, despite claims by existing residents that the organization's members should not be permitted to live there, due to advanced age. Successfully utilized a Human Relations Commission decision on behalf of the elderly residents to effectively bring an end to the civil litigation.
- Successfully argued that a policy of life insurance is not bound until the policy of insurance is actually delivered and is paid for by the policyholder.
- Successfully able to reduce and resolve multi-million dollar settlement demands down to less than a fraction of the damages claimed. In one instance, the demand was for $1.6 million and was resolved for $245,000. In another instance, the demand was for $2.1 million and the case was resolved for $160,000.
- Through the use of inspection, engineering, or construction experts, was able to resolve for pennies on the dollar cases with high exposure, including extra-contractual damage exposure.
- Successfully employed the use of appraisers, conduct experts, and cause and origin experts to resolve multiple matters involving potential exposure in excess of $1 million for fractions of that amount.

Results

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Defense Award Following Six-Week FINRA Hearing

We obtained a defense award on a six-week FINRA hearing where our client, a General Agent, faced an alleged defamation/conversion/wrongful termination claim. The claimants contended that our client not only wrongfully discharged them after discovering their involvement in a bank-owned life insurance transaction, but also converted their trails and commissions, and defamed them on their U-5 form published through FINRA BrokerCheck. Damages totaling $15 million and punitive damages were sought by the three claimants. While the panel awarded $8 million in damages against the firm they were affiliated with, we obtained a defense award on all counts and dismissal of all claims for punitive damages on behalf of our General Agent client.

Investigation Against Home Appraiser Shut Down by Defense

We successfully defended a home appraiser in a regulatory investigation undertaken by the Pennsylvania Commonwealth Bureau of Enforcement relating to the appraisal of a five-acre parcel of property. The complainant contended the valuation arrived at by the appraiser (as part of a divorce proceeding) was artificially low given the fact the parcel was sub-dividable. We convinced the investigator that the appraisal number arrived at was in line with comparable properties in the area, particularly given some of the ingress issues involved in accessing the property. After an in-person interview of the appraiser and submissions, the investigator elected to shut the investigation down and take no further action against the appraiser.

Thought Leadership

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Defense Digest

On the Pulse…Our Real Estate E&O Liability Practice Group

December 1, 2022

Our Real Estate E&O Liability Practice Group has a long history of representing real estate professionals. We have defended real estate brokers and agents, title agents and abstractors, appraisers, surveyors, home inspectors, mortgage companies, property management companies and condominium associations, on all types of claims brought in state and federal court and regulatory forums throughout all jurisdictions in Pennsylvania, New Jersey, New York, Florida, Delaware, Ohio and Connecticut. These claims manifest themselves in a variety of ways, with most arising from commercial and residential real estate transactions. They involve disputes surrounding disclosures, financing, valuation, liens, zoning, property management, conditions, construction, and a variety of other items that arise from the property acquisition and transfer process. The claims range from contract to tort, to those raising statutory violations. Many present equitable issues involving easements, deed restrictions and title. Apart from these standard E&O claims, the Group also represents and defends condominium associations and boards in disputes arising with and between unit owners and third parties. These claims may involve property damage, construction, water, fire and mold disputes. They can also include a variety of other issues, including those specific to particular jurisdictions, like mold, sinkholes and storm-related claims. We also handle disputes surrounding the legal interpretation and application of association governance documents, such as declarations and by-laws in declaratory judgment actions. In the regulatory forum, our lawyers regularly defend real estate professionals against customer complaints resulting from the delivery of services. They often implicate violations of state and administrative law concerning the delivery of professional services. We defend real estate agents, appraisers, title agents and a variety of other professionals from these complaints, starting with the customer complaint or initial inquiry received through the administrative hearing process. Our practice group is composed of seasoned, creative and highly regarded lawyers who have litigated many complex disputes. They include shareholders: Jay Rothman, Jeffrey Chomko and Dana Gittleman in Philadelphia; Christopher Conrad in our Harrisburg office; Jonathan Kanov in Fort Lauderdale, Florida; Christopher Block in our Roseland, New Jersey, office; and Aaron Moore in our Wilmington, Delaware, office. We also have a team of associates and paralegals who work with them in preparing and defending all aspects of these cases. We pride ourselves on our strong reputation, earned over the last 60 years through the successful defense of the most complex and difficult matters. Our philosophy is simple: to quickly evaluate and strive to efficiently resolve these matters at an early stage, if possible, in order to avoid costly, unpredictable litigation. Nevertheless, if necessary, we are prepared to take to trial those cases that cannot be resolved. We also present seminars and training sessions to clients and insureds that address legal issues that arise in the particular jurisdictions we service. We discuss best practices for real estate agents, home inspectors and other professionals. We welcome you to look at the bios of our attorneys in the group and reach out to us with any questions. Defense Digest, Vol. 28, No. 12, December 2022, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2022 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Jeffrey J. Chomko

Results

Thought Leadership

Firm Highlights

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Favorable Verdict Obtained in Palm Beach County Property Damage Case

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Dismissal Obtained in New Jersey Realtor Liability Case

Successfully Prosecuted Workers’ Compensation Termination Petition

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Best Lawyers in America Recognition

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports