Pittsburgh
The Pittsburgh, Pennsylvania office of Marshall Dennehey, which opened in May of 1993, is now located in the historic Union Trust Building. The office is comprised of civil litigation attorneys practicing in all four of our major law groups covering Casualty and General Liability, Professional Liability, Health Care and Workers' Compensation. The majority of the attorneys have enjoyed a long standing professional relationship in the practice of defense litigation and are natives or long-time residents of the Pittsburgh area.
Pittsburgh is a naturally convenient location in which to quarter a litigation practice serving the Western Pennsylvania counties of Allegheny, Beaver, Butler, Lawrence, Clarion, Armstrong, Jefferson, Indiana, Westmoreland, Fayette, Washington, Greene, Somerset, Bedford, Blair, Cambria and Clearfield. The United States District Court for the Western District of Pennsylvania is located in Pittsburgh. In addition, Pittsburgh is the seat of the Allegheny County Court of Common Pleas, which operates one of the busiest civil dockets in the Commonwealth's court system. A large majority of the workers' compensation claims and civil liability suits filed in the entire Western Pennsylvania region are litigated either in Pittsburgh or within a short drive of our office.
In addition to providing counsel in Western Pennsylvania, a number of attorneys in our Pittsburgh office are admitted to the bar in West Virginia. Here, they represent clients in both the state courts and before the United States District Courts for the Northern and Southern Districts of West Virginia.
Thought Leadership
Legal Updates for Real Estate E&O Liability
Limiting Agent Liability in Pennsylvania: Knowledge, Reliance, and the E&O Landscape
May 7, 2026
Errors & Omissions (E&O) claims against real estate professionals in Pennsylvania frequently arise from allegations of nondisclosure or misrepresentation. However, Pennsylvania law provides meaningful guardrails for defense counsel, particularly where plaintiffs attempt to impose duties on agents that exceed statutory and common law obligations. A key principle, often dispositive at summary judgment, is that a seller’s agent does not owe an independent duty to investigate or discover latent defects. Under Pennsylvania law, a real estate agent representing a seller is not required to inspect the property for defects or to disclose conditions of which the agent has no knowledge. This principle aligns with the statutory framework governing licensee conduct, including the Real Estate Licensing and Registration Act (RELRA), which imposes duties of honesty and good faith, but does not create an affirmative obligation to uncover unknown defects. As a result, liability exposure in E&O claims often turns on whether the agent had actual knowledge of the alleged defect and whether the buyer’s reliance was justifiable. The Gordon v. McManus decision illustrates these principles in practice and remains a useful tool for defense practitioners. No. 972 EDA 2013, 2014 WL 10917627, at 3 (Pa. Super. Ct. June 30, 2014). In Gordon, the plaintiffs asserted claims for fraudulent misrepresentation and fraudulent inducement against real estate agents, alleging that the agents were aware of a recurring water infiltration issue and failed to disclose it. The plaintiffs further contended that the agents negligently misrepresented the condition of the property when questioned directly about potential water issues. The factual record, however, undermined these claims. The defendant agents maintained that they had no knowledge of any water infiltration problem. Critically, the plaintiffs had been informed by a neighbor that the basement had flooded on multiple occasions prior to closing. They also conducted their own inspection of the property and observed conditions – including the presence of a sump pump – that could reasonably signal potential water concerns. Despite these indicators, the plaintiffs did not pursue additional investigation or specialized inspection. The Superior Court affirmed summary judgment in favor of the agents, emphasizing two key points that frequently arise in E&O defense. First, the absence of actual knowledge was fatal to the plaintiffs’ fraud claims. Without evidence that the agents knew of the defect, there could be no intentional misrepresentation or concealment. Second, and equally important, the court found that the plaintiffs’ reliance was not justifiable. Having been placed on notice of potential water issues, the plaintiffs failed to exercise reasonable diligence in investigating the condition. Pennsylvania courts have consistently held that where a buyer is aware of facts that would prompt further inquiry, reliance on generalized or informal assurances is insufficient to sustain a fraud claim. The Gordon court also disposed of the plaintiffs’ claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, reinforcing that such statutory claims cannot survive where the underlying fraud theory fails. For defense counsel, this linkage provides an additional pathway to narrow or eliminate exposure early in litigation. From an E&O perspective, Gordon highlights several recurring themes. Plaintiffs frequently attempt to recast nondisclosure claims as affirmative misrepresentation, particularly where there are informal communications between agents and buyers. Yet, absent proof of knowledge, these claims often collapse under scrutiny. Moreover, the decision underscores the importance of the buyer’s own conduct. Evidence that a buyer received notice of a potential defect, whether through third parties, inspection findings, or observable conditions, can significantly weaken claims of justifiable reliance. Practically, this framework offers clear guidance for both litigators and real estate professionals. For defense attorneys, early case assessment should focus on developing the evidentiary record regarding the agent’s knowledge and the buyer’s pre-closing awareness. For agents and brokers, risk mitigation remains centered on disciplined communication practices and encouraging independent inspections without offering definitive assurances about property conditions. Ultimately, while E&O claims in Pennsylvania continue to test the boundaries of agent liability, decisions like Gordon reaffirm a consistent judicial approach: liability cannot be imposed where knowledge is absent and reliance is unreasonable. In an environment where plaintiffs increasingly rely on hindsight to construct claims, these principles remain a critical line of defense.
Legal Updates for Insurance Agents & Brokers
Misrepresentations of the Next Degree: Expanding Broker Liability After Penn Outdoor
May 7, 2026
Services v. Harleyville Insurance Co. There has been a noticeable increase in claims against insurance brokers over recent years, with plaintiffs beginning to frame coverage disputes as actions sounding in negligence and negligent misrepresentations. In this ever-shifting world, disputes regarding coverage have devolved into claims that brokers failed to secure, explain, or accurately advise as to coverage. Such claims, requiring no proof of intent, allow insureds facing scrutiny to look beyond the spoken word of brokers and into the text of standard transaction documents. Pennsylvania’s Superior Court’s decision in Penn Outdoor Servs., LLC v. Harleysville Ins. Co. of New Jersey, 323 A.3d 231 (Pa. Super. Ct. 2024), reargument denied (Sept. 6, 2024), highlights the evolution of the misrepresentation claims against brokers. There, Penn Outdoor Services, LLC subcontracted for snow removal services at an apartment complex it owned with Longford Landscape and Excavation. The contract between Penn and Longford included a hold harmless clause in favor of Penn with respect to the services to be provided by Longford, which specifically stated: Subcontractor agrees to indemnify and save and hold harmless Penn and Penn's clients/customers from and against all claims for damages arising out of the performance of Subcontractor's duties under this Agreement and agrees to, at Subcontractor's expense, defend any suit or action brought against Penn or Penn's clients/customers on account of such claim or damage. Consistent with the parties’ agreement, Longford’s insurance broker, Wharton, Lyon & Lyon provided Penn with a certificate of insurance, naming Penn as an additional insured under Wharton’s insurance policy with Harleysville Insurance Company. Specifically, the subject policy included an endorsement relating to Penn’s coverage as an additional insured, endorsement CG-7524, which provided, If specifically required by the written contract or agreement referenced in Paragraph A above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance available to the additional insured shall be non-contributory with this insurance. While the contract between Penn and Longford was in effect, a woman was injured in a slip and fall at the complex where Longford provided snow removal services. The woman filed suit and named Penn as a defendant. With the impression it was an additional insured under Longford policy, Penn sought a defense in the matter from Longford and Harleysville; a request that was denied because, as per Harleysville, the coverage provided under Penn’s policy was excess coverage, not primary. After settling the underlying action and incurring extensive legal fees in the course of the same, Penn filed an action against Harleysville and Wharton, including a claim for negligent misrepresentation against Wharton. After a jury verdict was rendered in favor of Penn, Wharton filed a motion for j.n.o.v. arguing that the evidence established that it made no negligent misrepresentation. The trial court disagreed, pointing out that the contract between Penn and Longford required Penn to be named as an additional insured, however, it did not specify that such coverage be primary as required by the applicable endorsement to the Harleysville policy. Wharton’s representative testified that she did not review the complete language of the endorsement in question, thus creating the negligent misrepresentation. By providing the COI naming Penn as an additional insured, Wharton represented that to be the status of insurance extended to Penn. The endorsement of the Harleysville policy provided that “if specially provided” by the contract between the parties, the coverage afforded would be primary, correlating with the text of the COI. The contract in question, however, did not specifically call for the coverage to be primary. Therefore, it was not. While reading like a choose your own adventure novel, Penn Outdoor highlights the need for attention to detail in the issuance of COI’s by brokers. In a world where a broker’s spoken word can get them into hot water, the case casts a light on a new potential pathway to broker liability. While the COI in the present matter contained the necessary buzz words, i.e. “additional insured,” that language alone could not carry the day. Penn Outdoor evidences how critical it is for brokers to choose their words wisely, but also carefully ensures the text of the COI, policy language, and other transaction documents provide the coverage reasonably expected by the insured. By making it ones practice to always reconcile the policy language with the COI, and any applicable contracts, brokers can avoid potential liability in an increasingly litigious world.
Results
Defense Verdict Obtained After Seven-Day Bench Trial
We received a defense decision after a seven-day bench trial in a product liability action in which the exposure in the case exceeded $30 million. Our client designs, sells and services engineered equipment for the energy industry, including natural gas compression apparatuses for use in transmission pipeline systems. In 2015, the client sold the plaintiff two reciprocating compressor systems to replace outdated equipment at a station located near Downingtown, PA. The compressor systems were designed to inject oil into the gas stream for piston lubrication. This lubricating oil needed to be removed from the gas stream using filtration devices supplied by the plaintiff. The plaintiff claimed weld debris contained within certain vessels of the compressors migrated downstream upon commissioning and compromised several gas filtration devices. The plaintiff further contended the damaged filtration devices permitted excess lubricating oil into the pipeline, which fouled multiple turbines owned by its downstream customer at a large natural gas-fired power plant, causing significant economic losses. The applicable contract between the plaintiff and our client contained a forum selection clause requiring litigation to take place in Lake County, Indiana. The plaintiff claimed commercial losses of $18 million, plus attorney fees (per contract) in the neighborhood of $4 million. The plaintiff also maintained it was entitled to pre-judgment interest. If successful in establishing liability, this sum would have added another $5 million to $7 million to the damage award, depending on the interest rate employed by the court. Therefore, the pure exposure in the case exceeded $30 million. In response to the plaintiff’s claims, we successfully established that the weld debris incident was a red herring and did not damage the filtration equipment. Material testing of debris from within the filtration devices revealed very little weld debris compared to pipe scale and other naturally occurring components. Through key expert testimony, we established that the plaintiff could not meet its burden of proof because the oil contamination events may have been caused by several factors directly attributable to the plaintiff’s lack of design engineering, inadequate equipment maintenance, equipment failure and inappropriate response to system alarms.
Defense Victory Obtained in Workers’ Compensation Case
We secured a complete defense victory, saving our client over $500,000 in known exposure and likely millions in long-term liability. The workers’ compensation judge granted our termination petition and denied the claimant’s claim petition, finding that the claimant fully recovered and was not entitled to wage loss or medical benefits. Through medical discovery, we uncovered pre-injury treatment that directly contradicted the claimant’s testimony. The judge favored our medical expert, citing no changes on pre- and post-injury MRIs as further evidence undermining the claim.
News
Marshall Dennehey Again Earns Recognition in Distinguished Chambers USA
June 4, 2026

Marshall Dennehey Secures Four Finalist Honors in the 2026 Pennsylvania Legal Awards
April 15, 2026
Ronald J. Richert Joins Marshall Dennehey’s Pittsburgh Office as Special Counsel in the Casualty Department
March 23, 2026
