Experience

Post & Schell, P.C.

• United States
• Law Practice
• 200 - 300 Employee

• Attorney, Partner, and Vice-Chair of Insurance Law Dept.

  • Mar 2001 - Present

  Representative Cases:1. Joseph Oliver Constr. v. Utica First Ins. Co., 2020 U.S. Dist. LEXIS 118595 (E.D. Pa. 2020) (injured parties no standing to sue tortfeasor’s insurer; duty to indemnify not ripe until judgment entered against insured in underlying action). 2. Bloom v. AXA Equitable Life Ins. Co., 2020 U.S. Dist. LEXIS 116709 (E.D. Pa. 2020) (alleged violations of Pennsylvania Unfair Insurance Practices Act and Pennsylvania Unfair Claims Settlement Practices Regulations cannot be used to prove bad faith under PA law; policy definition of total disability clear and unambiguous). 3. Reichard v. United of Omaha Life Ins. Co., 805 Fed. Appx. 111 (3d Cir. 2020) (affirming SJ in favor of insurer in ERISA benefits case, declaring conflict of interest/“batting average” discovery improper, and holding that no law or regulation requires insurers to adopt a claims manual, IME report typos/spelling mistakes are immaterial, and insurer’s SSA benefit vendor not an agent of insurer). 4. Shah v. Horizon Blue Cross Blue Shield, 2018 U.S. Dist. LEXIS 50412 (D.N.J. 2018) (full and with prejudice Summary Judgment dismissal of ERISA benefits case per finding that assignment was defective; no appeal by plaintiff surgical practice). 5. Capital Flip, LLC v. American Modern Ins. Co., 416 F. Supp.3d 435 (W.D. Pa. 2019) (breach of contract and bad faith counts dismissed with prejudice; no appeal; policy terms not ambiguous if not defined in policy). 6. Eberhard v. United of Omaha Life Ins. Co., 2019 U.S. Dist. LEXIS 100502 (M.D. Pa. 2019) (judgment entered in full on ERISA equitable lien counterclaim and on reimbursement agreement counterclaim re: $202,000 overpayment of LTD benefits). Recent Speaking Engagements:1. Panelist, "Bad Faith Update: Rancosky and Beyond," PDI Conference.2. Lecture, "Recent Bad Faith Trials," Phila. Assoc. of Defense Counsel.