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Practice Highlights

  • Our clients often come to us with problems before the filing of a lawsuit.
  • We work with licensed professionals to manage problems early and provide an aggressive litigation defense when necessary.
  • We devote a substantial portion of our practice to representing licensed professionals in errors & omissions as well as malpractice litigation.

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Professional Liability

Insurance brokers, accountants and other professionals are held to a high standard of care when providing client services.  Our clients often come to us with problems before the filing of a lawsuit.  The lawyers in the Professional Liability Group work with licensed professionals to manage these problems early and then provide an aggressive litigation defense when necessary.  Our record of successfully litigating claims against insurance agents and brokers at the trial and appellate levels throughout the mid-Atlantic region is unparalleled.  We provide service to high-profile clients such as USI Insurance Services, Conner Strong Companies and Bollinger Insurance.  

Our Professional Liability Practice Group consists of lawyers who devote a substantial portion of their practice to representing licensed professionals in errors & omissions as well as malpractice litigation. Our clients include insurance brokerage firms, real estate agents, attorneys as well as accountants.  Our clients, as well as the carriers who underwrite their professional liability exposures, are serviced by our offices in New Jersey, Pennsylvania, New York and Delaware.

Our service to certain professionals, such as healthcare providers and insurance producers, includes representation in licensing, staff privileges and similar matters before administrative agencies and regulatory boards. In addition, lawyers in our business-related practices counsel professional business organizations on an array of issues which include mergers, acquisitions, creditors rights and real estate transactions.  

Representative Matters

  • Litigated the case, which on appeal, established that insurance agents and brokers are not subject to the treble damages and attorney fee exposure of the New Jersey Consumer Fraud Act. N.J.S.A. 56:8-1. See, Plemmons v. Blue Chip Ins. Services, 387 N.J. Super 551 (App. Div. 2006)
  • Secured jury verdict rejecting Federal RICO claims against an insurance broker arising from the sale of life insurance pursuant to an employee benefit plan
  • Lead counsel before the New Jersey Appellate Division in a case where the Court overturned a $9 million judgment against an insurance broker in a suit arising from the sale of breach of warranty and hull insurance to a commercial ferry operator.  See, Harbor Commuter Service, Inc. v. Frenkel & Co., Inc., et al., 401 N.J. Super 546 (App. Div. 2008)
  • Handling motion practice and briefing before the Pennsylvania courts in an effort to establish that the Pennsylvania bad faith statute, 42 P.S. Section 8371, does not apply to claims against insurance brokers and agents
  • Secured multi-million dollar recovery on behalf of New Jersey insurance agents whose agreements with an auto insurance carrier were proven, before an administrative tribunal, to have been terminated in violation of New Jersey law; see, Scheller v. Rutgers Casualty Insurance Co., 2008 WL 2121254 (N.J. App. Div. 2008)
  • Won jury verdict for property insurer voiding coverage for a multi-million dollar Pennsylvania fire loss due to policyholder’s material misrepresentations about the risk during the application process; verdict and judgment affirmed on appeal.  See, Hered, LLC v. Seneca Insurance Company, 2011 WL 1183212 (3rd Cir. 2011)