Insurer In Rehab Can’t Flee Personal Injury Coverage Row
Michael Conley & Meghan Finnerty Recent Case Highlighted in Law360
Law360 (March 28, 2018, 8:59 PM EDT) — An insurer can’t escape a dispute over whether it owes an air-blasting equipment manufacturer a defense against multiple personal injury suits just because it is in rehabilitation proceedings in Nebraska, a Pennsylvania federal judge has determined.
U.S. District Judge Cynthia M. Rufe said Monday that Acceptance Insurance Co.’s rehabilitation proceedings don’t prevent Empire Abrasive Equipment Co. LP from bringing its suit seeking coverage for legal fees in part because state courts can’t block federal proceedings. The court also rejected the insurer’s bid to toss the suit because it belongs in a different state, saying such a decision is premature.
ABOUT MICHAEL CONLEY
Mr. Conley is Co-Managing Principal of the Philadelphia office and an insurance litigation and recovery lawyer in the firm’s Insurance Recovery Practice Group also in the Philadelphia office. His broad legal experience includes insurance litigation, insurance coverage litigation, and general litigation. He exclusively represents policyholders, including closely held, publicly traded, nonprofit, and municipal entities, with claims against their insurance companies. His insurance coverage law experience includes handling coverage actions on behalf of insureds relating to bad faith claims, defense obligations, law and ordinance exclusions, breach of health insurance contract, crime coverage, employment liability coverage, and coverage for data loss and environmental liability.
Mr. Conley’s commercial litigation experience includes representing clients in cases involving breach of contract, abuse of process, trademark infringement, unfair trade practices, and collections. Mr. Conley has also served as an expert on insurance related matters in both Pennsylvania and Maryland.
ABOUT MEGHAN FINNERTY
Ms. Finnerty is a commercial litigator with a varied practice, with an emphasis on assisting corporate and nonprofit policyholders as they navigate disputes with their insurance companies. Ms. Finnerty also has significant experience assisting companies in products liability and construction accident litigation. She has represented companies in fields such as energy, finance, construction, manufacturing and retail in commercial litigation disputes, and regularly serves as a sounding board for manufacturing clients on a wide variety of legal issues including, insurance losses, risk management, contractual indemnity, employee theft and collection issues.
Additionally, Ms. Finnerty analyzes available insurance coverage for her clients under environmental, boiler & machinery, professional, D&O, EPLI and commercial general liability policies when a company suffers a loss or is named as a defendant in litigation
In addition to her trial work, Ms. Finnerty is well-versed in appellate practice, and has argued in front of Pennsylvania’s Supreme Court.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 150 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eleven offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
MARYLAND | PENNSYLVANIA | VIRGINIA| NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC