Post & Schell, P.C.

Complex Insurance Coverage Advice and Litigation

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Overview

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The attorneys in our Insurance Law Department have decades of experience representing insurers in complex coverage cases involving first- and third-party personal, commercial, and surplus lines insurance policies, including claims under:

  • Commercial General Liability policies
  • Personal and commercial motor vehicle policies (including uninsured/underinsured motorist claims and first-party benefit claims)
  • Homeowners’ policies
  • Errors & Omission policies
  • Professional liability policies
  • Employment and workers' compensation policies
  • Inland marine policies

The group has handled matters involving nearly every type of coverage dispute under primary and excess policies. Our in-depth knowledge of the insurance industry allows us to see the “big picture” of issues facing our clients, to assist in bringing matters large and small to a practical and cost-effective resolution.

We provide clients with:

  • Legal counsel and advice as to insurance policy interpretation and application
  • Drafting of opinion letters,disclaimer letters, and reservation of rights letters, with an eye to accurate and complete claims decisions
  • Advice on the compliance of policy language and interpretation with statutory and regulatory mandates

Although litigation avoidance is often the goal, when litigation must be considered, we have the tools and experience to obtain desired results in state and federal courts. We represent insurers in declaratory judgment and breach of contract suits, and with our early evaluations, practical advice, and motion and trial experience, we provide sound counsel to our clients about how to best posture a case to meet their goals. Our attorneys frequently collaborate with members of the Firm’s Casualty Litigation and Corporate practices to address complex questions arising from commercial contracts, including issues related to contractual and common law indemnification, as well as disputes relating to catastrophic personal injury and property damage claims. 

Read full overview > Read less >

Related Practices

  • Bad Faith and Extra-Contractual Litigation
  • Casualty Litigation
  • Construction Defect/Injury Insurance Coverage
  • Insurance Fraud and Arson
  • Insurance Law
  • Life/Health/Disability and ERISA Litigation
  • Reinsurance
  • Workers' Compensation

Representative Matters & Results

  • Obtained verdict in favor of Fortune 500 insurance company client in Superior Court of New Jersey, Law Division, following a trial as to the scope and applicability of the subcontractor exclusion in a commercial general liability policy.
  • Successfully secured summary judgment in Eastern District of Pennsylvania—affirmed on appeal to Third Circuit—in favor of business auto liability insurer in breach of contract and bad faith action, where the insurer had no duty to defend or indemnify employee of insured business who was using his personally-owned automobile.
  • Secured summary judgment obtained in favor of auto insurer based upon UIM policy exclusion for injury to covered person occupying motor vehicle owned or regularly used by insured.
  • Successfully attained summary judgment in Court of Common Pleas in Philadelphia on issue involving residency of daughter of insured for purposes of underinsured and personal injury protection coverages in New Jersey policy.
  • Obtained summary judgment in declaratory judgment action filed on behalf of insurance company client in connection with claims against the client’s insured arising from property damage due to water intrusion and faulty workmanship.
  • Obtained dismissal of action seeking benefits under life insurance policy in Superior Court of New Jersey, Law Division, based on statute of limitations and scope of assignment grounds.
  • Counseled a large commercial insurer regarding coverage for claims against its insured arising from injuries suffered by an undocumented construction worker during the course of his work on the insured’s construction project.
  • Counseled insurance company client regarding coverage for claims of property damage and bodily injury due to negligent application of insecticides by exterminator.
  • Secured summary judgment in favor of homeowner’s insurer based upon policy exclusion for water damage caused by flooding, where cause of property damage was flood due to failed sump pump drainage system, notwithstanding that lightning strike caused sump pump to fail.
  • Negotiated favorable settlement with respect to application of intentional tort exclusion under homeowner’s policy in case involving sexual assault by insured who was highly intoxicated where application of exclusion under circumstances was uncertain.

Attorneys

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Richard L. McMonigle Jr.

Richard L. McMonigle Jr.

Senior Counsel
Immediate Past Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1019
Fax: 215-587-1444

rmcmonigle@postschell.com

Steven Schildt

Steven Schildt

Principal
Vice-Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1089
Mobile: 267-322-0388
Fax: 215-587-1444

sschildt@postschell.com

Bryan M. Shay

Bryan M. Shay

Principal
Insurance Law

Philadelphia
Phone: 215-587-1182
Fax: 215-587-1444

bshay@postschell.com

Jeffrey M. Brenner

Jeffrey M. Brenner

Principal
Insurance Law

Philadelphia
Phone: 215-587-1133
Mobile: (610) 334-4817
Fax: 215-587-1444

jbrenner@postschell.com

John C. Sullivan

John C. Sullivan

Principal
Chair, Insurance Law Department

Philadelphia
Phone: 215-806-9117
Fax: 215-587-1444

jsullivan@postschell.com

Kathleen K. Kerns

Kathleen K. Kerns

Principal
Insurance Law

Philadelphia
Phone: 215-587-5932
Fax: 215-587-1444

kkerns@postschell.com

Richard J. Barca

Richard J. Barca

Principal
Insurance Law

Philadelphia
Phone: 215-587-1123
Fax: 215-587-1444

rbarca@postschell.com

Leo Gerard Daly

Leo Gerard Daly

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6373
Fax: 412-227-9065

ldaly@postschell.com

Amy M. Barca

Amy M. Barca

Counsel
Insurance Law

Philadelphia
Phone: 215-587-1171
Fax: 215-587-1444

abarca@postschell.com

Lisa Cumming

Lisa Cumming

Associate
Insurance Law

Philadelphia
Phone: 215-587-1143
Fax: 215-587-1444

lcumming@postschell.com

Jemma DeRogatis

Jemma DeRogatis

Associate
Insurance Law and Employment & Labor

Philadelphia
Phone: 215-587-1140
Fax: 215-587-1444

jderogatis@postschell.com

News & Insights

News

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The Pennsylvania Defense Institute Honors Post & Schell as "Defense Firm of the Year" at its Annual Conference on July 15

Steven Schildt Elected as Fellow in the American College of Coverage Counsel

Jack Sullivan and Steven Schildt Appointed Chair and Vice-Chair of Post & Schell's Insurance Law Department

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

Post & Schell Appointed as Solicitor by Susquehanna Area Regional Airport Authority

Media & Articles

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Bryan Shay and Marni Berger Provide Insight on PA Supreme Court Decision's Impact to Auto Insurance Report

Speaking Engagements

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Marni Berger and Bryan Shay Present Seminar on Insurance Claims and Coverage at Philadelphia Insurance Co. on Dec. 18

Jack Sullivan Presents on Regional Symposium Examining the Recently Finalized ALI Restatement of the Law, Liability Insurance on Nov. 20

Blogs and Thought Leadership

Toggle Button Open

Pennsylvania Superior Court Issues Warning to Insurers Regarding Reservation of Rights Letters

PA Insurance Commissioner: Businesses That Violate COVID-19 Orders May Impact Insurance Coverage

The Small "01" Covered Autos Symbol Could Carry Big Consequences in Pennsylvania

Pennsylvania's Highest Court Stacks the Odds Against Insurance Companies, Invalidating Household Exclusion in UM/UIM Policies

Third Circuit Moves Pennsylvania Courts Closer to Viewing TCPA Violations as Uncovered Acts Under BOP and CGL Policies

Westport Ins. Co. v. Mylonas: Pennsylvania Court Fashions New Test for Legal Malpractice Claims Under E&O Policies

Overview Attorneys

The attorneys in our Insurance Law Department have decades of experience representing insurers in complex coverage cases involving first- and third-party personal, commercial, and surplus lines insurance policies, including claims under:

  • Commercial General Liability policies
  • Personal and commercial motor vehicle policies (including uninsured/underinsured motorist claims and first-party benefit claims)
  • Homeowners’ policies
  • Errors & Omission policies
  • Professional liability policies
  • Employment and workers' compensation policies
  • Inland marine policies

The group has handled matters involving nearly every type of coverage dispute under primary and excess policies. Our in-depth knowledge of the insurance industry allows us to see the “big picture” of issues facing our clients, to assist in bringing matters large and small to a practical and cost-effective resolution.

We provide clients with:

  • Legal counsel and advice as to insurance policy interpretation and application
  • Drafting of opinion letters,disclaimer letters, and reservation of rights letters, with an eye to accurate and complete claims decisions
  • Advice on the compliance of policy language and interpretation with statutory and regulatory mandates

Although litigation avoidance is often the goal, when litigation must be considered, we have the tools and experience to obtain desired results in state and federal courts. We represent insurers in declaratory judgment and breach of contract suits, and with our early evaluations, practical advice, and motion and trial experience, we provide sound counsel to our clients about how to best posture a case to meet their goals. Our attorneys frequently collaborate with members of the Firm’s Casualty Litigation and Corporate practices to address complex questions arising from commercial contracts, including issues related to contractual and common law indemnification, as well as disputes relating to catastrophic personal injury and property damage claims. 

Read full overview > Read less >

Richard L. McMonigle Jr.

Richard L. McMonigle Jr.

Senior Counsel
Immediate Past Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1019
Fax: 215-587-1444

rmcmonigle@postschell.com

Steven Schildt

Steven Schildt

Principal
Vice-Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1089
Mobile: 267-322-0388
Fax: 215-587-1444

sschildt@postschell.com

Bryan M. Shay

Bryan M. Shay

Principal
Insurance Law

Philadelphia
Phone: 215-587-1182
Fax: 215-587-1444

bshay@postschell.com

Jeffrey M. Brenner

Jeffrey M. Brenner

Principal
Insurance Law

Philadelphia
Phone: 215-587-1133
Mobile: (610) 334-4817
Fax: 215-587-1444

jbrenner@postschell.com

John C. Sullivan

John C. Sullivan

Principal
Chair, Insurance Law Department

Philadelphia
Phone: 215-806-9117
Fax: 215-587-1444

jsullivan@postschell.com

Kathleen K. Kerns

Kathleen K. Kerns

Principal
Insurance Law

Philadelphia
Phone: 215-587-5932
Fax: 215-587-1444

kkerns@postschell.com

Richard J. Barca

Richard J. Barca

Principal
Insurance Law

Philadelphia
Phone: 215-587-1123
Fax: 215-587-1444

rbarca@postschell.com

Leo Gerard Daly

Leo Gerard Daly

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6373
Fax: 412-227-9065

ldaly@postschell.com

Amy M. Barca

Amy M. Barca

Counsel
Insurance Law

Philadelphia
Phone: 215-587-1171
Fax: 215-587-1444

abarca@postschell.com

Lisa Cumming

Lisa Cumming

Associate
Insurance Law

Philadelphia
Phone: 215-587-1143
Fax: 215-587-1444

lcumming@postschell.com

Jemma DeRogatis

Jemma DeRogatis

Associate
Insurance Law and Employment & Labor

Philadelphia
Phone: 215-587-1140
Fax: 215-587-1444

jderogatis@postschell.com

Related Practices

  • Bad Faith and Extra-Contractual Litigation
  • Casualty Litigation
  • Construction Defect/Injury Insurance Coverage
  • Insurance Fraud and Arson
  • Insurance Law
  • Life/Health/Disability and ERISA Litigation
  • Reinsurance
  • Workers' Compensation

Representative Matters & Results

  • Obtained verdict in favor of Fortune 500 insurance company client in Superior Court of New Jersey, Law Division, following a trial as to the scope and applicability of the subcontractor exclusion in a commercial general liability policy.
  • Successfully secured summary judgment in Eastern District of Pennsylvania—affirmed on appeal to Third Circuit—in favor of business auto liability insurer in breach of contract and bad faith action, where the insurer had no duty to defend or indemnify employee of insured business who was using his personally-owned automobile.
  • Secured summary judgment obtained in favor of auto insurer based upon UIM policy exclusion for injury to covered person occupying motor vehicle owned or regularly used by insured.
  • Successfully attained summary judgment in Court of Common Pleas in Philadelphia on issue involving residency of daughter of insured for purposes of underinsured and personal injury protection coverages in New Jersey policy.
  • Obtained summary judgment in declaratory judgment action filed on behalf of insurance company client in connection with claims against the client’s insured arising from property damage due to water intrusion and faulty workmanship.
  • Obtained dismissal of action seeking benefits under life insurance policy in Superior Court of New Jersey, Law Division, based on statute of limitations and scope of assignment grounds.
  • Counseled a large commercial insurer regarding coverage for claims against its insured arising from injuries suffered by an undocumented construction worker during the course of his work on the insured’s construction project.
  • Counseled insurance company client regarding coverage for claims of property damage and bodily injury due to negligent application of insecticides by exterminator.
  • Secured summary judgment in favor of homeowner’s insurer based upon policy exclusion for water damage caused by flooding, where cause of property damage was flood due to failed sump pump drainage system, notwithstanding that lightning strike caused sump pump to fail.
  • Negotiated favorable settlement with respect to application of intentional tort exclusion under homeowner’s policy in case involving sexual assault by insured who was highly intoxicated where application of exclusion under circumstances was uncertain.

Insights

News Media & Articles Speaking Engagements Blogs and Thought Leadership

The Pennsylvania Defense Institute Honors Post & Schell as "Defense Firm of the Year" at its Annual Conference on July 15

Steven Schildt Elected as Fellow in the American College of Coverage Counsel

Jack Sullivan and Steven Schildt Appointed Chair and Vice-Chair of Post & Schell's Insurance Law Department

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

Post & Schell Appointed as Solicitor by Susquehanna Area Regional Airport Authority

Bryan Shay and Marni Berger Provide Insight on PA Supreme Court Decision's Impact to Auto Insurance Report

Marni Berger and Bryan Shay Present Seminar on Insurance Claims and Coverage at Philadelphia Insurance Co. on Dec. 18

Jack Sullivan Presents on Regional Symposium Examining the Recently Finalized ALI Restatement of the Law, Liability Insurance on Nov. 20

Pennsylvania Superior Court Issues Warning to Insurers Regarding Reservation of Rights Letters

PA Insurance Commissioner: Businesses That Violate COVID-19 Orders May Impact Insurance Coverage

The Small "01" Covered Autos Symbol Could Carry Big Consequences in Pennsylvania

Pennsylvania's Highest Court Stacks the Odds Against Insurance Companies, Invalidating Household Exclusion in UM/UIM Policies

Third Circuit Moves Pennsylvania Courts Closer to Viewing TCPA Violations as Uncovered Acts Under BOP and CGL Policies

Westport Ins. Co. v. Mylonas: Pennsylvania Court Fashions New Test for Legal Malpractice Claims Under E&O Policies

 

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