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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 and malpractice litigation.

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Professional Liability

Claims against insurance brokers, accountants, attorneys and other professionals often arise following a provision of services. Attorneys in our Professional Liability Group counsel licensed professionals when such disputes arise. Our record of successfully litigating claims against insurance agents and brokers at the trial and appellate levels throughout the mid-Atlantic region is unparalleled. 

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

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 business organizations on an array of issues which include mergers, acquisitions, creditors rights and real estate transactions.  

Representative Matters

  • Successfully represented defendant broker in multi-million dollar Superstorm Sandy flood damage case, the court finding that brokers have no duty to offer or recommend higher limits of coverage in the absence of a special relationship with the client. See, C.S. Osborne & Co., Inc. v. Charter Oak Fire Ins. Co., et al., 2017 N.J. Super. LEXIS 1051; 2017 W.L. 1548796 (N.J. App. Div. 2017).
  • Secured summary judgment for insurance broker in suit arising from fire loss denial, the court finding that broker had no duty to explain the policy to the client and that claimant/client was unable to establish legal causation. See, Berenato v. Seneca Spec. Ins. Co., 240 F.Supp. 3rd 351 (E.D.Pa. 2017).
  • Obtained summary judgment dismissal of legal malpractice claim against attorney and law firm arising from family trust disputes. See, Jake Ball Trust v. Durst, et al., 2015 US Dist. LEXIS 160025 (D.N.J. 2015), aff’d 663 F. Appx. 231 (3rd Cir. 2016).
  • Handled trial and appeal of case establishing 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)
  • Lead counsel in case where the New Jersey Appellate Division 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)
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