Insurance Law

Our goal in the Insurance Law Department is to assist our industry partners in achieving practical, expeditious, and cost-efficient solutions to their insurance problems. We are able to accomplish this through a combination of litigation experience, hard work, innovation, and early cost-benefit analysis designed to meet our client’s needs and accomplish their goals at the earliest possible stage.

Advice and Counsel

The attorneys in our group regularly counsel insurance claims professionals, managers, agents, brokers, third-party administrators, and in-house counsel on all aspects and stages of the claims process, from the first notice of the claim through resolution. In their capacity as advisors to the Firm’s insurance clients, the members of our group:

• Prepare coverage opinions and analysis of the law in all 50 states.
• Assist with the drafting of coverage position letters.
• Assist with the drafting of company policy language and contracts.
• Advise the firm’s clients with regard to claims-handling best practices.

Our attorneys also work side-by-side with the Firm’s other Practices Groups—including the Health Care, Internal Investigations & White Collar Defense, Workers’ Compensation, Professional Liability, Bankruptcy, and Casualty Litigation practices—to bring an integrated, comprehensive approach to the representation and counseling of the Firm’s insurance clients.

Litigation and Advocacy

As experienced and aggressive litigators, the attorneys of Post & Schell’s Insurance Law Department have a wealth of experience litigating complex insurance coverage and bad faith matters, whether as defense counsel on behalf of their insurer clients or when pursuing declaratory judgment actions regarding coverage disputes. Our attorneys are able and forceful advocates for their clients, and they stand ready to litigate complex insurance coverage and bad faith matters in a practical and cost-effective manner. The attorneys of the Insurance Law Department have successfully litigated insurance coverage and bad faith cases in state and federal courts, including cases arising from:

• Pollution and toxic exposure
• Personal and advertising injury
• Sexual abuse claims
• Emerging risk claims, such as COVID-related claims, opioid claims, etc.
• Catastrophic injury and property damage
• Cyber, media, and technology claims
• Claims under Directors and Officers (D&O) policies
• Construction defect and faulty workmanship
• Claims under personal, commercial, and surplus lines policies
• Claims under life, health, and disability policies, including ERISA
• Arson and fraud
• Assertions of bad faith and extra-contractual liability 

Our attorneys are able to skillfully navigate all stages of the litigation process, from case inception to discovery and motion practice, through trial and appeal. This breadth of experience enhances our ability to provide able counsel and representation to our clients when talks turn to settlement or other early dispute resolution.

Leaders in the Insurance Field

The attorneys in the Insurance Law Department are at the forefront of new developments in the insurance field, and they frequently present and lecture to insurance claims professionals, administrators, and other attorneys on all aspects of insurance coverage and bad faith litigation. . Our attorneys are acknowledged leaders in their field. Insurance Law Department Chair Jack Sullivan has handled insurance coverage questions and coverage litigation on a nationwide basis for more than 40 years and is a widely-respected national authority on coverage issues involving pollution, toxic exposure, advertising injury, and construction defect claims. Insurance Law Department Senior Counsel and former Department Chair Richard L. McMonigle, Jr., is the author of two comprehensive treatises concerning insurance bad faith law — Insurance Bad Faith in Pennsylvania, now in its 23rd edition, and Insurance Bad Faith in New Jersey, now in its 4th edition, both published by ALM. In addition, our attorneys have authored numerous articles regarding cutting-edge issues of importance to the insurance industry and our clients. Their knowledge and experience have led our attorneys to be retained to serve as mediators and litigation experts on insurance coverage and bad faith matters involving other firms.