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Insurance Defense and Coverage

The Insurance Defense and Coverage practice group at Montgomery McCracken has served insurance carriers and self insureds for over a quarter of a century.

Our strength is the defense of high exposure commercial and professional liability claims and the direct representation of insurers in substantial coverage and alleged bad faith matters.  We have distinguished ourselves by the consistent and excellent results obtained cost-effectively for insurers and their insureds. Our experience in the defense of liability claims includes the representation of insureds through a wide variety of insurance companies and self-insureds.

Our practice in the defense of liability claims principally focuses on:

  • representation of attorneys and accountants;
  • representation of commercial professionals, including real estate brokers, security brokers, insurance brokers, construction professionals, architects, designers, surveyors and others;
  • representation of public sector professionals, including school leaders, public officials and police;
  • defense of civil rights claims, including private and public hirings, firings and other workplace claims, police, zoning/land use and licensing, First Amendment and prison-based claims;
  • defense of employment related claims, including claims in hiring and firing for age, race, disability and other discriminatory purposes, and in alleged retaliation for the exercise of First Amendment rights;
  • representation of health care providers, including doctors, nurses, emergency room doctors, health maintenance organizations, hospitals, professional practice groups and miscellaneous health care providers;
  • representation of mental health providers, including psychiatrists, psychologists and other therapists, social service providers, including social workers, home health aids and agencies;
  • representation of governmental entities and their agents including, but not limited to, large municipalities and many smaller boroughs and townships, judges, counties, mayors, district attorneys, transit authorities, school districts and regional entities such as SEPTA and the Philadelphia Housing Authority;
  • representation of general and subcontractors in various types of construction related claims;
  • defense of admiralty and marine claims, and
  • defense of manufacturers, retailers and distributors in a wide variety of product related claims.

In addition, a substantial focus of our practice is the representation of insurance carriers directly in coverage and bad faith matters. We serve both as coverage counsel and as litigation counsel involving issues including, but not limited to, bad faith, separate duty to defend, late notice, reservation of rights, estoppel against insurers, late notice by insureds, right to counsel issues, consent to settle issues, and reverse bad faith – “the insured’s good-faith duty.”

Our clients include some of the largest insurance companies in the world, specialized professional liability carriers, regional insurance carriers and self-insurance pools in the Commonwealth of Pennsylvania.

Representative clients include:

  • AIG
  • LDG Reinsurance Company
  • The Medical Protective Company
  • Oil Casualty Insurance, LTD
  • OIL Group
  • Seneca Insurance Company
  • Thomas Miller (Americas)
  • Through Transport Assn., Ltd.
  • Transport Management, Europe
  • Trident Insurance Services
  • UK Defense Club
  • Various Underwriters at Lloyd’s, London
  • Western Heritage
  • XL London Market, LTD

Through procedures that are rigorously enforced by a system of review, we offer our clients the assurance that every file assigned to every lawyer is handled in compliance with all reporting requirements and is defended in accordance with a specific plan authorized by the insurance carrier.

At Montgomery McCracken our track record is based on a diverse group of talented and aggressive lawyers with particular strengths in successful trial work and in the early identification and resolution of exposure files.  In our practice, we distinguish ourselves through incorporating effective oversight and internal guidelines to assure cost-effectiveness and quality representation to all of our clients.

For More Information

Please contact practice chair Jeffrey R. Lerman at 215-772-7262 or email jlerman@mmwr.com.