Insurance Law Areas of Concentration
Bad Faith & Extra-Contractual Litigation
It is an unfortunate fact of life that most modern insurance coverage disputes include at least the threat of a bad faith claim. With a wide range of insurance experience and knowledge, Post & Schell’s attorneys handle bad faith claims relating to a variety of underlying insurance coverage issues.
We have handled several of the leading cases involving 42 Pa. C.S.A. § 8371, Pennsylvania’s “bad faith statute,” and have significant experience with the common law development of bad faith in New Jersey. We provide compliance advice to company management and claims professionals on good faith claims handling practices for commercial and personal line claims. We understand the complexities of bad faith law, and whether it is through early motion practice, summary judgment motion practice, alternative dispute resolution, or discovery and trial, we work to provide clients with a perspective informed by skills gained over four decades of insurance litigation practice.
Our attorneys in the Insurance Law Department have achieved national recognition in the handling of bad faith and extra-contractual claims. Principal and Department Chair Richard L. McMonigle, Jr., has authored the well-respected treatise on bad faith law in Pennsylvania, Insurance Bad Faith in Pennsylvania, published by American Lawyer Media (ALM), now in its 18th edition. Mr. McMonigle is also the co-author of the only treatise on bad faith under New Jersey law, Insurance Bad Faith in New Jersey, also published by ALM, and now in its 4th edition. Our attorneys regularly author articles and speak on bad faith issues as a service to members of the insurance industry and the legal profession. This knowledge and experience has led to our attorneys being retained to serve as mediators and litigation experts on insurance coverage and bad faith matters involving others firms.
Post & Schell offers its clients cost-effective services with a focus on achieving the results they expect, and our attorneys have the ability to offer comprehensive services, from counseling clients during the claims process to handling all aspects of a case once litigation is filed. With this experience, Post & Schell’s Insurance Law Department attorneys can guide clients of every size through non-traditional strategies of handling and resolving bad faith claims.
Representative Matters and Results
- Secured summary judgment on New Jersey bad faith claim in third party liability case under homeowner’s policy in the Superior Court of New Jersey where insurer declined, under intentional tort exclusion, to defend insured against claims of sexual assault that took place while insured was highly intoxicated.
- Obtained summary judgment in the Eastern District of Pennsylvania in favor of motor vehicle insurer on breach of contract and bad faith claims under Pennsylvania and Delaware law, where the alleged delay in the resolution of the insured’s claim was due to the conduct of the insured and his counsel.
- Obtained dismissal in the Eastern District of Pennsylvania of a Pennsylvania statutory bad faith count in uninsured motorist benefits claim for failure to adequately plead facts in support of claim.
- Secured dismissal of claims asserted against insurance company client under Pennsylvania’s Unfair Insurance Practices Act, a breach of fiduciary duty theory, and common law bad faith in underinsured motorist benefits claim in the Eastern District of Pennsylvania.
- Received judgment on the pleadings for insurance company client in the Middle District of Pennsylvania on bad faith claim under Pennsylvania law based upon statute of limitations grounds relating to when a life insurance claim was denied.