Cases
Significant Representative Matters: Successfully obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania on behalf of an insurer, with the court ruling that there was no duty to defend or indemnify a security company in lawsuits arising from violent attacks at a Philadelphia bar. The court held that claims styled as negligence were barred by a broad assault
battery exclusion, which capped coverage at $250,000-a limit already exhausted-thereby precluding any additional coverage. The Cincinnati Specialty Underwriters Ins. Co. v. Mainline Private Security, LLC, 2025 WL 3644242 (E.D.Pa. 2025).
Successfully defended a construction contractor client in a Westmorel
County, Pennsylvania action seeking compensatory damages for alleged flood-related property damage arising from an improperly constructed sewage separation line. Obtained dismissal of the claims through Preliminary Objections based on the expiration of the applicable two-year statute of limitations. On appeal, the plaintiff argued the complaint supported a theory of continuous trespass
however, the Commonwealth Court affirmed the trial court's decision, finding the action was untimely
that no continuous trespass claim had been pled. Milan Stefanik Slovak Library
Literary Society a/k/a Milan Stefanik Slovak Society v. Borough of East V
ergrift, et al., 2025 WL 3527288 (Pa. Commwlth. Ct. 2025).
Obtained a summary judgment on a first-party commercial property claim where the insured sought coverage for alleged property damage to its warehouse resulting from lessee's failure to clean it as the claim did not involve 'accidental physical loss'
furthermore, the alleged damage fell within scope of policy's pollutants exclusion. Vale Vista Associates LP v. Cincinnati Casualty Co., 442 F.Supp.3d 896
(W.D.Pa. 2020)
Obtained a summary judgment regarding the interpretation of an arbitration provision in a commercial auto policy with respect to a claim for underinsured motorist benefits. Rea v. Cincinnati Insurance Co., 2014 WL 4198059 (W.D.Pa. 2014)
Affirming the granting of summary judgment based on enforcement of the statute of limitations to a claim for damage to residential property. Roberts v. West Virginia American Water Co., 655 S.E.2d 119 (W.Va. 2007)
Affirming the granting of summary judgment based on the enforcement of professional liability exclusions contained in the businessowners package policy
personal liability policy in response to attempt to obtain coverage by the insured-attorney for a malicious prosecution claim related to the insured's filing of a counterclaim based on Rule 11 of the West Virginia Rules of Civil Procedure on behalf of a client against the Estate prosecuting a medical negligence / wrongful death lawsuit. Boggs v. Camden-Clark Memorial Hospital Corp., 693 S.E.2d 53 (W.Va. 2010)
Affirming the granting of summary judgment in favor of real estate agency
realtor arising out of the sale of residential property. Hinerman v. Rodriguez, 2013 WL 2157766 (W.Va. 2013)
Affirming the granting of summary judgment in favor of real estate agency
realtor arising out of the sale of residential property in response to a subsequently added claim after the original claim was dismissed by summary judgment
upheld on appeal. Hinerman v. Rodriguez, 2015 WL 3672260 (W.Va. 2015)
Affirming of summary judgment in favor of paving contractor arising out of claim of residential property damage attributed to roadway paving operations as plaintiffs failed to present competent evidence to create a genuine issue of material fact linking to contractor's operations to the alleged damage. Grant v. Kelly Paving, Inc., 2018 WL 6015816 (W.Va. 2018)
Affirming the granting of summary judgment for commercial general liability insurer against claim for defense
coverage by policyholder in response to third-party liability claim associated with the development of commercial retail plaza in southern West Virginia on the grounds the claim was excluded by the contractual liability exclusion as interpreted under Tennessee law. J.A. Street & Associates, Inc. v. BITCO General Insurance Corp., 2019 WL 1949710 (W.Va. 2019)
Affirming the granting of summary judgment in favor of construction contractor that deposited road construction spoil onto a private residential property at the then-owner's request, per the then-owner's specifications
the fill area later slipped,
the current owner sued alleging a breach of the duty of care. The appellate court affirmed that the construction contractor did not assume a duty of care to subsequent purchasers. Grisell v. Shelly & S
s, 2023 WL 7299892 (W.Va. 2023)
Affirming the granting of summary judgment in favor of commercial property insurer on the grounds that the insured failed to present competent evidence to create a genuine issue of material fact that the loss event was due to direct physical loss to a transformer, which was necessary to establish coverage for the claim. Hickory Groves 339, LLC v. Cincinnati Insurance Co., 2016 WL 3261018 (Ohio.Ct.App., 4th District 2016)
