Twitter LinkedIn

Bad Faith & Extra-Contractual Litigation

It is an unfortunate fact of life that most modern insurance coverage disputes include at least the threat of a bad faith claim. With a wide range of insurance experience and knowledge, Post & Schell’s attorneys handle bad faith claims relating to a variety of underlying insurance coverage issues.

We have handled several of the leading cases involving 42 Pa. C.S.A. § 8371, Pennsylvania’s “bad faith statute,” and have significant experience with the common law development of bad faith in New Jersey. We provide compliance advice to company management and claims professionals on good faith claims handling practices for commercial and personal line claims. We understand the complexities of bad faith law, and whether it is through early motion practice, summary judgment motion practice, alternative dispute resolution, or discovery and trial, we work to provide clients with a perspective informed by skills gained over four decades of insurance litigation practice.

Our attorneys in the Insurance Law Department have achieved national recognition in the handling of bad faith and extra-contractual claims. Senior Counsel and former Department Chair Richard L. McMonigle, Jr., has authored the well-respected treatise on bad faith law in Pennsylvania, Insurance Bad Faith in Pennsylvania, published by American Lawyer Media (ALM), now in its 20th edition. Mr. McMonigle is also the co-author of the only treatise on bad faith under New Jersey law, Insurance Bad Faith in New Jersey, also published by ALM, and now in its 4th edition. Our attorneys regularly author articles and speak on bad faith issues as a service to members of the insurance industry and the legal profession. This knowledge and experience has led to our attorneys being retained to serve as mediators and litigation experts on insurance coverage and bad faith matters involving others firms.

Post & Schell offers its clients cost-effective services with a focus on achieving the results they expect, and our attorneys have the ability to offer comprehensive services, from counseling clients during the claims process to handling all aspects of a case once litigation is filed. With this experience, Post & Schell’s Insurance Law Department attorneys can guide clients of every size through non-traditional strategies of handling and resolving bad faith claims.