OVERVIEW

Celestine Montague handles insurance coverage and bad faith litigation and advises clients on various types of first and third party insurance coverage, including crime; cyber, media, and technology; directors and officers, financial lines, and errors and omissions; professional liability; and commercial general liability. She acts as Coordinating Counsel for a national multi-line insurer, and provides guidance on preventing, handling and defending extracontractual claims in jurisdictions throughout the United States.

She has a broad range of experience in complex and emerging issues in insurance coverage litigation. She manages complex, multimillion-dollar cases through all facets of litigation, from pre-trial strategy through post-trial relief. She represents insurance companies in state and federal courts nationwide, as well as in various alternative dispute resolution forums, including private arbitrations and mediations.

Credentials

Bar and Court Admissions

Pennsylvania

New Jersey

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

Education

Temple University Beasley School of Law, JD, 1994

University of Pennsylvania, MA, 1992

Dickinson College, BA, summa cum laude, 1990

News & Insights

Memberships

Claims & Litigation Management Alliance

The Philadelphia Loss Conference

REPRESENTATIVE MATTERS

  • Negotiated coverage disputes among multiple carriers, policyholders, brokers and claimants, involving various issues, including indemnification provisions, additional insured agreements, and competing other insurance provisions

  • Represented carriers in litigation involving claims-made and reported issues, underwriting history, the formation and reformation of contracts, changes in coverage positions, asset purchase agreements, reinsurance agreements, claims servicing agreements, professional services exclusions, interrelated wrongful acts provisions and prior act exclusions, Insured status, and bump-up provisions

  • Represented insurers at the coverage review stage vis-à-vis the potential for coverage under multiple coverage part policies, providing coverage opinions, recommendations, and coverage position letters
  • Reviewed the potential for coverage under policies issued to individuals, businesses, housing associations, religious and cultural organizations, tribal entities, governmental units, and political subdivisions
  • Advised and represented clients on the duty to defend and independent counsel; an insurer’s duty to advance; an insurer’s right to reimbursement; the allocation of defense costs among insurers and policyholders; the effect of exhaustion provisions, deductibles, and self-insured retentions; an insurer’s rights and obligations to intervene in underlying actions to interject special verdict forms and/or special interrogatories; and the need to consider bonding/surety issues

  • Advised clients regarding various statutes and regulations, including state claims-handling statutes, the False Claims Act, the Computer Fraud and Abuse Act, the Employment Retirement and Income Security Act (ERISA), the Federal Tort Claims Act, the Fair Labor Standards Act, the Indian Self-Determination and Education Assistance Act, Pennsylvania Wage Payment and Collections Law, and the Whistleblower Protection Act

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