.

Patricia A. Monahan

Portrait of Patricia A. Monahan

Patricia concentrates her practice on insurance coverage, bad faith disputes and special insurance investigations. She regularly provides guidance to national and global insurance carriers concerning coverage issues and litigates coverage and bad faith claims brought against them.

Patricia routinely provides counsel and defense of issues arising from commercial, personal, specialty property and casualty policies, professional liability policies, health/life policies and workers' compensation policies. She has tried a wide range of bad faith lawsuits in both state and federal court and has substantial experience handling complex discovery issues presented in bad faith lawsuits. Patricia also focuses her practice on the investigation, defense and affirmative prosecution of fraudulent claims. She has extensive experience with cases involving medical provider fraud, claimant fraud, insurance claim inflation, staged accidents, application/rate evasion fraud, workers' compensation fraud and automobile thefts.

While a large portion of Patricia’s practice is focused on insurance coverage, special insurance investigations and bad faith disputes, she also is experienced in employment law defending public entities and private employers from discrimination and retaliation claims, state whistleblower suits, and employment claims filed under Section 1983, such as those arising under the First and Fourteenth Amendments. She also has represented employers before the National Labor Relations Board, the Pennsylvania Human Relations Commission, the EEOC, various county courts of common pleas, Commonwealth Court of Pennsylvania, Superior Court of Pennsylvania, the United States District Court for the Western District of Pennsylvania, and the United States District Court of Appeals for the Third Circuit. 

Further, Patricia's experience also includes the defense of claims for intentional torts, civil rights violations, and any claim that may fall under a public entity's errors and omissions policy, employment policy, or general liability policy. She has tried numerous civil rights cases to verdict, including claims arising out of police pursuits, false arrests, excessive use of force, denial of due process, and zoning matters.

In 1986, Patricia received a Bachelor of Science in Business Administration from the University of Florida, and in 1990, she achieved her juris doctor from the University of Pittsburgh. Throughout her legal career, Patricia has been an active trial lawyer and was elected as a shareholder with Marshall Dennehey in 1999. Her past experience also includes service in the role of solicitor to local municipalities. Patricia is a frequent speaker on employment and insurance coverage topics and has authored several articles for the firm's Defense Digest. She has received an AV® Preeminent™ rating by Martindale-Hubbell.

    • University of Pittsburgh School of Law (J.D., 1990)
    • University of Florida (B.S., 1986)
    • Pennsylvania, 1990
    • Supreme Court of the United States, 1999
    • AV® Preeminent™ by Martindale-Hubbell®
    • Best Lawyers in America©, Insurance Law (2024-2026)
    • The Best Lawyers in America©, Litigation - Insurance (2026)
    • Allegheny Bar Association
    • American Bar Association
    • Pennsylvania Bar Association
    • Defense Litigation: Key Concepts and Current Developments, Marshall Dennehey Client Seminar, March 2026
    • Defense Perspectives: Bodily Injury and Bad Faith Claims, Marshall Dennehey Client Seminar, April 2025
    • Handling UM/UIM Cases in Pennsylvania, Marshall Dennehey Client Webinar, May, 2021
    • Employment Liability in the Cyber Age, Marshall Dennehey / AIG Employment Seminar, Pittsburgh, PA, May 2, 2013
    • Speaker on various topics including employment claims, civil rights litigation, federal practice and insurance bad faith
    • "Pa. Supreme Court Evaluates Constitutional Parameters of a Jury's Punitive Damage Award,"Pennsylvania Law Weekly, October 3, 2023
    • “I’ve Been Served With a Writ of Summons. Now What?,” Defense Digest, December 2018, Vol. 24, No. 4
    • "Defending Claims While Working Within the Tripartite Relationship,"The Legal Intelligencer, Insurance Law Supplement, August 30, 2016
    • "When is an Accident Not an Accident?" Life, Health & Disability, the newsletter of the DRI's Life, Health & Disability Committee, November 21, 2014
    • "Pennsylvania Superior Court Is the First State Appellate Court To Address the Unfair Insurance Practices Act Protection for Victims of Abuse," Defense Digest, Vol. 19, No. 3, September 2013
    • "Pennsylvania Superior Court Panel Has Found That an Insured's Conduct Is Not Subject to Scrutiny in a Subsequent Bad Faith Law Suit," Defense Digest, Vol. 17, No. 3, September 2011
    • "Are Damages For Emotional Distress Recoverable In a Pennsylvania Bad Faith Lawsuit Even Though the Bad Faith Statute Does Not Provide For Such Damages?," Defense Digest, Vol. 16, No. 1, March 2010
    • "Top Court Limits The Scope of a Public Employee's First Amendment Retaliation Claim," Defense Digest, Vol. 12, No. 3, September 2006
    • "The First Amendment's Rising Popularity in Municipal Employment Litigation," Defense Digest, Vol. 10, No. 2, June 2004
    • "Is Every Worker With a Physical Impairment Afforded Protection Under the ADA?," Defense Digest, Vol. 8, No. 1, March 2002­
    • "The Anatomy of a Civil Rights Malicious Prosecution Claim," Co-Author, Defense Digest, Vol. 8, No. 1, March 2002
    • "Pennsylvania Supreme Court Limits Employment At-Will," Defense Digest, Vol. 5, No. 1, 1999
    • Summary judgment granted for insurer in a claim for breach of contract and bad faith where the homeowner made a claim for vandalism when his tenant did not finish renovating the leased premises.  The Court held that the damages were not "sudden and accidental" and that the policy exclusions for faulty workmanship and renovations were applicable as a matter of law.
    • Defense verdict against an insurance carrier for breach of contract for denying a property loss claim and also obtained a $30,000 judgment against the plaintiff under the Pennsylvania insurance fraud statute for submitting a fraudulent claim.
    • Defense verdict for a major insurance carrier in a state court statutory bad faith lawsuit.
    • Defense verdict for a Pennsylvania municipality against several police officers' claims for first amendment violations and age discrimination.
    • •Summary judgment obtained for a school district in an age discrimination and first amendment retaliation claim.
    • Defense verdict for a Pennsylvania county against a former employee's claim that she was subjected to race discrimination, racial harassment, and retaliation.
    • Summary judgment secured for employer law firm against a part-time attorney's claim that she was discriminated against, subjected to hostile work environment, and retaliated against based on her status as a working mother.
    • Defense verdict for insurance carrier in a bad faith trial arising out of the carrier's coverage position taken on an automobile stacking issue.
    • Successfully defended insurance broker in a claim for alleged negligence in failing to cancel a policy binder.
    • Defense verdict for municipal employer against a former employee's claim that he was terminated in violation of the state whistleblower law.
    • Defense verdict for municipality whose snowplow hit an oncoming vehicle head-on against claim for personal injuries of vehicle occupant.
    • Summary judgment secured for municipal employer against first amendment claims of several police officers claiming to have been defamed and subjected to a retaliatory investigation.
    • Summary judgment secured for Pennsylvania school district against former school board secretary's claim that she was terminated in violation of her first amendment rights and state whistleblower law.
    • Summary judgment secured for publicly traded company against former employee's claim that the company unevenly applied sales quotas to older workers, resulting in dismissal of the employee
    • Creasy v. Slippery Rock Area School District, 2013 U.S. Dist. LEXIS 80523
    • Whitesell v. Dobson Communications, 102 Fair Empl. Prac. Cas. (BNA), aff'd 2009 LEXIS 25791 (U.S. App.)
    • Diede v. City of McKeesport, 654 F. Supp. 2d 363 (W.D. Pa. 2009)
    • Moore v. Darlington Township, 690 F. Supp. 2d 378 (W.D. Pa. 2009)
    • Borough of West Mifflin v. Lancaster, 45 F.3d 780 (1995)
    • Heller v. Fulare, 454 F. 3d 174 (3d Cir. 2006)
    • Keefer v. Durkos, 2006 US Dist LEXIS 68519 Loughren v. USAA, 909 A.2d 896 (Pa. Super. 2006)
    • Loughren v. USAA, 909 A.2d 896 (Pa. Super. 2006)

Results

Successful Appeal of Summary Judgment in Favor of Insurer

We successfully appealed a summary judgment in favor of an insurance client that had been sued by another insurance carrier for more than $1.6 million in damages arising out of a fire loss to an insured auto repair facility. The opposing insurance company had paid $1.6 million in damages and intended to pursue a product liability claim against a vehicle manufacturer, alleging a defectively manufactured vehicle had caused the fire. Our client insured the vehicle that was allegedly defective. After the insurance companies conducted a preliminary expert evaluation, the vehicle was destroyed by a salvage yard in the normal course of business. A claim was made against our client for promissory estoppel where it was alleged the vehicle was destroyed despite a promise to preserve. The Pennsylvania Superior Court affirmed the Court of Common Pleas of Erie County’s rejection of the claims against our client and agreed with our contention that the promissory estoppel claim was a disguised claim for negligent spoliation, which the Supreme Court of Pennsylvania does not recognize. 

School District Prevails in Busing Dispute

We successfully defended a public school district that had been sued in federal court for not providing busing to charter schools within its district. The charter schools sought a temporary restraining order and a preliminary injunction to prevent the district from prioritizing busing to students attending traditional schools over those attending charter schools. The court agreed that the district was fairly maximizing its bus driver resources to service the most students possible.

Thought Leadership

Pa. Supreme Court Evaluates Constitutional Parameters of a Jury’s Punitive Damage Award

September 28, 2023

While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive to prove entitlement to punitive damages.

Legal Updates for Insurance Services

Pennsylvania Superior Court Addresses Stacking Waivers in Single Vehicle Policies

January 17, 2023

In Erie Ins. Exchange v. Backmeier, __A.3d__, 2022 Pa. Super. 221, the Pennsylvania Superior Court applied Pennsylvania Supreme Court precedent to determine that an insured’s waiver of stacking, executed on two single vehicle policies when issued, precluded inter-policy stacking of underinsured motorist benefits at the second priority level. Additionally, the court enforced the policies’ limit of protection to the highest applicable limit of liability under any one policy. Andrew Backmeier was tragically struck and killed by an underinsured motorist while riding his bicycle. His mother sought underinsured coverage pursuant to her two Erie policies that provided limits of $100,000 per person, unstacked. Both policies provided coverage at the second priority level under the MVFRL because they covered vehicles not involved in the accident. Erie filed a declaratory judgment action seeking a declaration that the Backmeier’s Estate’s recovery was limited to $100,000, as the Estate sought $200,000 and claimed that inter-policy stacking had not been waived on the two policies that covered only single vehicles. The Superior Court affirmed the trial court’s judgment for Erie. It applied existing precedent to conclude that the stacking waivers were valid since they were executed at the inception of the single vehicle policies, and no meaning other than waiver of inter-policy stacking could be ascribed to the waivers. Moreover, the limit of protection clause was not violative of the MVFRL because it limited recovery at the same level based upon a knowing waiver of stacking.    The material in Legal Updates for Insurance Services, January 17, 2023, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved.

Firm Highlights

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

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

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.