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Partner
(215) 587-1019
(215) 320-4198 Fax
rmcmonigle@postschell.com
Philadelphia
Download My Contact Information
Richard L. McMonigle, Jr., a partner in the Insurance Law Group, advises national clients on significant insurance coverage and claims compliance matters, and defends cases involving complex coverage issues, alleged bad faith, policyholder fraud, and life, health and disability claims (including those under ERISA).
In addition to representing his clients in litigation, Mr. McMonigle provides counsel and training to insurance and benefit plan professionals on coverage interpretation and claims handling procedures. He is the author of the only treatise on bad faith law in Pennsylvania, Insurance Bad Faith in Pennsylvania, now in its ninth edition (Incisive Media). Mr. McMonigle lectures nationally, and has authored numerous published articles on insurance coverage, bad faith, and life, health and disability issues.
A former prosecutor in Philadelphia and Delaware County (PA), Mr. McMonigle has tried to verdict as lead counsel over 50 major jury and scores of non-jury matters in the state and federal courts in Pennsylvania and New Jersey. He is also an experienced appellate attorney, having authored briefs and presented oral argument before the Pennsylvania Supreme Court, the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court, and the U.S. Court of Appeals for the Third Circuit. Mr. McMonigle served as law clerk to the Honorable Daniel L. Herrmann, Chief Justice of the Supreme Court of the State of Delaware.
Mr. McMonigle presently serves as an Adjunct Professor of Law at Villanova University School of Law. In 2005 through 2009, he was recognized as a Pennsylvania "Superlawyer" by his peers as published by American Lawyer Media and Philadelphia Magazine.
Areas of Practice
Representative Cases
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Adams v. Reassure America Life Insurance Company, 2003 U.S. Dist. LEXIS 5433 (M.D. Pa. 2003) (successful action to rescind disability policy based on known loss doctrine and misrepresentation in application).
Alexander v. Provident Life & Accident Insurance Co., 2003 U.S. Dist. LEXIS 4498 and 2003 U.S. Dist. LEXIS 4495 (M.D. Pa. 2003) (summary judgment granted in favor of insurer, dismissing bad faith and contract claim).
Asplundh Tree Expert Company v. Pacific Employers Ins. Co., 1992 U.S. Dist. LEXIS 19171 (E.D. Pa. 1992) (successful verdict in favor of excess insurer on coverage issue concerning defense costs; bad faith dismissed).
Ballard v. State Farm Mutual Automobile Insurance Company, 1995 U.S. Dist. LEXIS 9073 (E.D. Pa. 1995) (jury verdict in favor of insurer in insurance fraud and alleged bad faith case; post-trial motions denied).
Carlson v. State Farm Fire & Casualty Company, 1992 U.S. Dist. LEXIS 1488 (E.D. Pa. 1992) (summary judgment in favor of homeowner’s insurer based upon policy exclusion for water damage).
Delosky v. Penn State Geisinger Health Plan, 2002 U.S. Dist. LEXIS 17188 (M.D. Pa. 2002) (summary judgment in favor of medical health plan based upon exclusion for coverage under plan language).
Doe v. Provident Life & Accident Insurance Company, 1997 U.S. Dist. LEXIS 20770 (E.D. Pa. 1997) (opinion granting motions to exclude at trial evidence regarding insurer’s prior claims handling, other lawsuits, company finances, marketing and business practices).
Dubrosky v. Colonial Life & Accident Insurance Co., 129 Fed. Appx. 691 (3d Cir. 2005) (upholding insurer's termination of agent's right to commissions due to unfair competition).
Financial Systems Software v. Financial Software Systems, 85 F. Supp. 2d 482 (E.D. Pa. 1999), affirmed, 261 F. 3d 491 (3d Cir. 2001) (upholding summary judgment in favor of computer software company in trademark infringement case).
Kaufman v. Provident Life & Accident Insurance Company, 828 F. Supp. 275 (D.N.J. 1992), affirmed, 993 F. 2d 877 (3d Cir. 1993) (summary judgment in favor of insurer based upon dual occupation clause in disability policy).
Laucks v. Provident Companies, 1999 U.S. Dist. LEXIS 22857 (M.D. Pa. 1999) (upholding ERISA trial verdict in favor of insurer, against healthcare professional claiming total disability based upon addiction to controlled substances).
Provident Life & Accident Ins. Co. v. Nissenbaum, 1998 U.S. Dist. LEXIS 18576 (E.D.Pa. 1998) (protective order granted in favor of insurer in bad faith case based upon attorney-client privilege and work product doctrine).
Snook v. Penn State Geisinger Health Plan, 2001 U.S. Dist. LEXIS 25036 (M.D. Pa. 2001), recon. denied, 2002 U.S. Dist. LEXIS 25695 (M.D. Pa. 2002) (ERISA governmental plan exemption held not to apply to medical health plan affiliated with state university).
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Bar Memberships
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New Jersey, 1986
Pennsylvania, 1981
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Publications
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INSURANCE COVERAGE AND BAD FAITH ISSUES:
Book: Insurance Bad Faith in Pennsylvania, Incisive Media (Ninth Edition)
Course Materials: "UM/UIM Severance Issues in a Post-Koken Era: The Defense Perspective," Pa. Bar Institute, Bad Faith Litigation Seminar, July 2009 (Co-Author).
Course Materials: "Recent Developments in the Law of Bad Faith," Pa. Bar Institute, Bad Faith Litigation Seminar, July 2009 (Co-Author).
Article: "Bad Faith Claims Continue to Occupy the Courts," Counterpoint, Pa. Defense Institute, April 2009
Course materials: "Damages in the Bad Faith Case," BVR Legal/Mealey's Bad Faith Litigation Conference, November 2008 (Co-author)
Course materials: "Update on Recent Bad Faith Cases," Dispute Resolution Institute Personal Injury Seminar, April 2008
Course Materials: "Recent Verdicts, Selected Bad Faith Cases," Dispute Resolution Institute Personal Injury Seminar, April 2007
Course Materials: “Insurance Bad Faith in Pennsylvania – Significant Decisions” and “Discovery and Bad Faith Litigation,” PBI Bad Faith Seminar, November 2005
Course Materials: “Bad Faith Update,” Pennsylvania Trial Lawyers Association Bad Faith Seminar, October 2005
Course Materials: “Recent Developments In Pennsylvania Bad Faith,” Mealey’s Motor Vehicle Liability Conference, March 2005
Article: “Tips For Avoiding Bad Faith in Wake of Hollock v. Erie,” Counterpoint, October 2004
Course Materials: “Recent Developments in the Law of Insurance Bad Faith: The Defense Perspective,” Pa. Bar Institute Annual Insurance Institute, April 2004
Article: “Wrong Turn: Pa. District Courts Chart New Course, Holding That Bad Faith Claims Are Not Pre-empted By ERISA,” Mealey’s Litigation Report, November 2003
Article: "Pennsylvania Insurance Bad Faith - 2003 Update," Pennsylvania Bar Institute, July 2003
Article: "Litigation Roundtable: Bad Faith Issues on the Horizon in Pennsylvania," Pennsylvania Law Weekly (Supplement), July 2003
Article: "Point-Counterpoint: Mishoe Bad Faith Decision Will Combat Runaway Jury Awards," The Legal Intelligencer, June 30, 2003 (Co-Author)
Article: "Double Impact: Mishoe and Campbell Reduce Chances of Punitive Damages in Bad Faith Cases," Pennsylvania Law Weekly, June 30, 2003 (Co-Author)
Course Materials: “The Law of Insurance Bad Faith in Pennsylvania,” American Conference Institute, San Francisco, April 2003
Article: “ERISA Preemption of Bad Faith Claims: An Old Debate Rages Anew in Pennsylvania With Implications for ERISA Practitioners Nationwide,” Mealey’s ERISA Litigation Report, October 2002
Article: “ERISA and Bad Faith: Strange Bedfellows or A Perfect Match?,” The Legal Intelligencer, September 12, 2002 (Co-Author)
Course Materials: “The Law of Insurance Bad Faith in Pennsylvania,” American Conference Institute, San Francisco, April 2002
Article: “Birth Center Allows For Compensatory Damages In Bad Faith Insurance Case,” The Legal Intelligencer, January 25, 2002
Article: “Limits On Punitive Damages in Bad Faith Cases", The Legal Intelligencer, May 21, 2001
Course Materials: "Considerations in Defending Bad Faith Cases", Philadelphia Trial Lawyers Association, March 2001 (Co-Author)
Course Materials: "Special Investigative Units: Avoiding Bad Faith While Fighting Fraud",
Bad Faith and Punitive Damages Seminar, American Conference Institute, March 2001 (Co-Author)
Article: "Attorney-Client Privilege Still Possible in Bad Faith Cases", The Legal Intelligencer, February 26, 2001
Article: "The SIU Challenge: Fighting Fraud While Steering Clear of Bad Faith", Mealey's Insurance Fraud Report, February 2001
Article: "The Erosion of Attorney-Client and Work Product Protections in Bad Faith Cases: Aberration or Trend?", Counterpoint, October, 2000
Course Materials: "Bad Faith Update", Auto Law Seminar, Pennsylvania Bar Institute, Sept., 2000
Article: "First Party Property Adjustments: Must it Match?", For the Defense, September 2000, (Co-Author)
Course Materials: "First Party Bad Faith in Pennsylvania", Bad Faith Claims Seminar, PA Bar Institute, August, 2000
Course Materials: "Procedural Issues Under Section 8371", Bad Faith Claims Seminar, PA Bar Institute, August, 2000
Article: "Litigation Conduct: Zealous Advocacy or Bad Faith?", Counterpoint, October 1999
Course Materials: "First Party Bad Faith in Pennsylvania", Bad Faith Claims Seminar, PA Bar Institute, July, 1999
Article: "Bifurcation: Protecting the Insurer's Right to a Fair Trial", Counterpoint, January 1998, (Co-Author)
Article: "Non-Coverage Seen? Intervene! Intervention Options in Coverage Disputes", Counterpoint, October, 1997
Article: "Who Pays to Defend Insurer's Declaratory Judgment Action?", Counterpoint, October, 1995, (Co-Author)
Article: "Defining First Party Bad Faith in Pennsylvania", Counterpoint, October, 1992
Article: Act 6: "Ready or Not, Here Comes First Party Bad Faith in Pennsylvania", Counterpoint, April, 1992
Article: "When the Landlord Discriminates": Insurance Coverage Issues, XXV Tort and Insurance Law Journal 1, Page 15, Fall, 1989
LIFE HEALTH AND DISABILITY ISSUES:
Course Materials: "Litigating Under Individual and Group Disability Policies", PBI Tort Law Update, August 2005
Article: “ERISA Under Attack: Bad Faith Claims Saved From Preemption in Pennsylvania,” DRI’s Life, Health & Disability News, Winter 2004 (Co-Author)
Article: Point-Counterpoint, “Recent Decisions Make ERISA’s Hottest Issue Even Hotter,” The Legal Intelligencer, September 22, 2003 (Co-Author)
Course Materials: "Able or Not? Extrinsic Limitations on the Disability Claimant's Ability To Work", American Conference Institute, June 2001 (Co-Author)
Article: “Reformation of the Disability Policy: A Viable Alternative to Rescission,” DRI Life, Health & Disabillity News, Winter, 2000
Article: “Drug or Alcohol Addiction: Are Impaired Physicians Permanently Disabled?,” For the Defense, May, 2000, (Co-Author)
Article: “Disability Litigation: High Stakes, Complex Issues,” Mealey's Litigation Report: Disability Insurance, April, 2000
Article: “Does a Disability Policy Lapse When Premium Waiver is Obtained by Fraud?,” DRI Life, Health and Disability News, Fall, 1999
Course Materials: “Extrinsic Limitations On the Disability Claimant's Ability to Work: The Insurer's Perspective,” American Conference Institute, June, 1999, (Co-Author)
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Publications - Full Text Available
Affiliations
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Defense Research Institute
Pennsylvania Defense Institute
American Bar Association
Pennsylvania Bar Association
Philadelphia Bar Association
Villanova University School of Law, Adjunct Professor
Named Pennsylvania SuperLawyer (Insurance), Philadelphia Magazine
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Court Admissions
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U.S. Court of Appeals, Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. District Court for the Western District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
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Education
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Doctor of Jurisprudence, Villanova University School of Law, 1980 Cum Laude; Law Review - Associate Editor, Villanova Law Review; Winner, Theodore L. Reimel Moot Court Competition, 1980; Winner, Ullman Award for Academic Excellence Criminal Law
Bachelor of Arts, Political Science and Economics, Dickinson College, 1977
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Classes/Seminars/Speaking Engagements
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Panel Member: "Post-Koken UM/UIM Bad Faith Issues," Pa. Bar Institute Bad Faith Seminar, Philadelphia, July 2009
Lecture: "Damages in the Bad Faith Case," BVR Legal/Mealey's Bad Faith Litigation Conference, New York City, November 2008
Lecture: “Current Bad Faith Insurance Law Issues," featuring Gunn v. Hartford case; Philadelphia Association of Defense Counsel Philadelphia, September 2008
Lecture: "Statute of Limitations Issues, and Ethical Issues In Dealing With Arbitrators" for the Pennsylvania Trial Lawyers Association Bad Faith Practice Seminar in Philadelphia on December 14, 2007
Lecture: "Bad Faith Damages In Light of Phillip Morris v. Williams," Pa. Bar Institute Online Seminar, May 2007
Panel Member: "Bad Faith Update," Dispute Resolution Institute Personal Injury Seminar, Philadelphia, April 2007
Panel Member: "Insurance Bad Faith: Update on Case Law and Trial Strategies," Pa. Trial Lawyers Association, December 2006
Course Planner and Lecturer: “Litigating Insurance Bad Faith Claims,” Pennsylvania Bar Institute, Philadelphia and Pittsburgh, November 2005
Lecture: “Bad Faith Update,” PaTLA Insurance Bad Faith Litigation Seminar, October 2005.
Lecture: "Actions to Recover Under Disability Policies", Pennsylvania Bar Institute Tort Law Update, Atlantic City, NJ, August 2005.
Lecture: “Current Issues in Bad Faith,” Mealey’s Motor Vehicle Liability Conference, March 2005
Lecture: “Recent Developments in the Law of Insurance Bad Faith,” Pennsylvania Bar Institute Annual Insurance Institute, April 2004
Lecture: “Avoiding Bad Faith While Preventing Fraud,” IASIU Annual Seminar, Lake Buena Vista, FL, September 2003
Lecture: 10th Annual Personal Injury Institute, Pennsylvania Bar Institute, "Bad Faith," July 30, 2003
Lecture: "Disability Fraud for Law Enforcement: Private and Public Sector Cooperation," Disability Fraud Issues Forum, NHCAA Institute, Charleston, South Carolina, July 8, 2003
Lecture: “Good Faith Claims Handling in Pennsylvania,” Pa. Assn. Of Mutual Insurance Cos. Claims Seminar, April 2003
Lecture: “Recent Developments in Disability Law,” Eastern Claims Conference, New York City, March 2003
Co-Chair: Advanced Forum on Bad Faith and Punitive Damages; Lecture: “The Law of Insurance Bad Faith in Pennsylvania,” American Conference Institute, San Francisco, April 2002
Lecture: “Disability Fraud, Public and Private Sector Cooperation,” NHCAA National Training Conference, Washington D.C., Nov. 2002
Lecture: "Procedural Issues Under the Bad Faith Statute," Pennsylvania Bar Institute, Pittsburgh, August 2001
Lecture: "The Insurer's Perspective on Factual v. Legal and Risk of Relapse Disability Cases," National Disability Law Seminar, American Conference Institute, Boston, June 2001
Co-Chair: Advanced Forum on Bad Faith and Punitive Damages, American Conference Institute, San Francisco, March 2001
Lecture: "Considerations in Defending Bad Faith Cases," Philadelphia Trial Lawyers Association, March 2001
Lecture: "History and Overview of ERISA," Eastern Claims Conference, New York, March 2001
Lecture: "Recent Developments in Bad Faith Litigation," Philadelphia Association of Defense Counsel, September 2000
Lecture: "Bad Faith Update" Auto Law Seminar, Pennsylvania Bar Institute, September 2000
Lecture: "First Party Bad Faith in Pennsylvania," Pennsylvania Bar Institute, August 2000
Lecture: "Procedural Issues Under the Bad Faith Statute," Pennsylvania Bar Institute, August 2000
Lecture: "First Party Bad Faith in Pennsylvania," Pennsylvania Bar Institute, July 1999
Lecture: "Extrinsic Limitations On the Disability Claimant's Ability to Work: The Insurer's Perspective," American Conference Institute, Boston, June 1999
Lecture: "Selected Issues in Insurance Litigation," Philadelphia Bar Education Center, August 1995
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