On-Demand Video
CC

Bad Faith 2024


  • City:
  • Start Date:2024-07-23 01:00:00
  • End Date:
  • Length:
  • Level:Intermediate
  • Topics:Litigation

$299.00 ProPass

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Credit States Status Credits Earn credit until

This program is eligible for 3 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 3.6 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

Overview

Course planners Christine Lezinski and James Haggerty have designed a program which should be useful to both novice and experienced litigators. 

Covered topics include:

  • Pleadings
  • Discovery
  • Trial Issues


Various attorneys including the likes of Timothy Lenahan and Scott Tredwell will discuss the issues facing litigators in bad faith cases.  In addition, the View from the Bench will be presented by the Honorable Pamela A. Carlos, Observations from Expert Witnesses will be presented by Stuart Setcavage and a discussion of the Use of Technology in Discovery and at Trial will be presented by Jeffrey Stanton.   

This Seminar is a "must attend" for those involved in handling bad faith cases in Pennsylvania. 

Recorded in July 2024.

Faculty

Allison Krupp Esq.

Allison Krupp is a
Shareholder at Marshall Dennehey Warner Coleman & Goggin, and works
in the Camp Hill, Pennsylvania office. She has been a member of the
Professional Liability Department for the last eleven years, where she
concentrates her practice on insurance coverage and bad faith
litigation. She routinely represents national/global insurance
carriers in insurance coverage disputes and first-party automotive,
homeowners, and commercial claims brought against them. She is
experienced with many types of coverage issues, including policy
cancellation, policy reformation, and a variety of policy exclusions, and has
assisted with litigation involving significant insurance coverage matters
before the Pennsylvania Supreme Court and Third Circuit Court. She
also regularly defends clients in the area of bad faith litigation, and has
won many dispositive motions, resulting in dismissal of the bad faith claims.
She practices in Pennsylvania’s state and federal courts, as well as before
arbitration panels and all of Pennsylvania’s appellate courts.

Christine Lezinski Esq.

Ms. Mayernick-Lezinski is a summa cum laude graduate of the University of Scranton, and a cum laude graduate of the Dickinson School of Law, where she was a member of the Woolsack Honor Society and Dickinson Law Review. She is a principal in the law firm of Lenahan & Dempsey, P.C., where she has practiced since 1993. Ms. Mayernick-Lezinski devotes her time to a broad range of insurance-related matters, including insurance bad faith, coverage, first and third party personal injury and property losses as well as medical malpractice and product liability litigation. She has written and spoken extensively on a wide variety of legal topics for the Pennsylvania Bar Institute, Pennsylvania Trial Lawyers Association and Lackawanna County Bar Association. Ms. Mayernick-Lezinski was co-counsel at trial and co-appellate counsel, with Timothy G. Lenahan, for the plaintiff in Hollock v. Erie Insurance Exchange, 2004 Pa. Super. 13, 842 A.2d 409 (2004), appeal dismissed as improvidently granted, 903 A.2d 1185 (Pa. 2006), the landmark, en banc bad faith decision of the Pennsylvania Superior Court, which upheld the § 8371 statutory bad faith award of $3 million for the plaintiff, including $2.8 million in punitive damages. She was also appellate counsel for the plaintiff in the case of Zaleppa v. Seiwell, 9 A.3d 632 (Pa. Super. 2010). In Zaleppa, the Superior Court held that the Medicare Secondary Payer Act (MSPA) did not require or allow the other motorist to assert rights of the United States government for reimbursement of a Medicare lien, and that an insurance company had no right to place Medicare on the check for payment of a verdict owed to the plaintiff in a personal injury case. This is an issue which had become increasingly problematic for personal injury practitioners across the country in the past few years and also has potential bad faith implications for insurers.

James C. Haggerty, Esq.

Mr. Haggerty is one of the founding partners of Haggerty, Goldberg, Schleifer & Kupersmith with offices in Philadelphia, Holland, Reading, Lancaster and Allentown.  He focuses his practice upon plaintiff’s personal injury, bad faith, class actions, UM/UIM claims and insurance coverage matters, having previously represented the insurance industry for over 30 years.  He is consistently ranked in the top 100 Lawyers in Pennsylvania and Philadelphia.  Mr. Haggerty served on the Board of the Pennsylvania Defense Institute, being President of that organization in 2007.  He is currently a member of the Board of Governors of the Pennsylvania Association for Justice.  Previously, he served on the Supreme Court Appellate Rules Committee for six years.  In addition, he recently completed his term on the Disciplinary Board of the Supreme Court, having served as Chair for 2020-2021.  He has argued numerous cases before the Superior and Supreme Courts of Pennsylvania as well as the Third Circuit Court of Appeals.  Mr. Haggerty is a frequent lecturer on insurance, bad faith and motor vehicle law issues throughout the state.

Jeffrey Stanton Esq.

Mr. Stanton is a partner at Haggerty, Goldberg, Schleifer & Kupersmith, P.C. and a member of its insurance coverage team. Mr. Stanton’s practice involves not only personal injury litigation but also complex insurance coverage disputes, uninsured/underinsured motorist claims, insurance bad faith litigation, as well as appellate cases. Mr. Stanton regularly represents clients in the state and federal trial and appellate courts in both Pennsylvania and New Jersey. Mr. Stanton is a frequent lecturer on insurance, bad faith, and motor vehicle law issues. Prior to joining Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Mr. Stanton was an attorney for the Governor’s Office of General Counsel where he represented and advised the Pennsylvania Department of Transportation. Mr. Stanton also served as the Judicial Law Clerk to the Honorable Chad F. Kenney in the Delaware County Court of Common Pleas.

Timothy G. Lenahan, Esq.

Mr. Lenahan is the Managing Partner of Lenahan & Dempsey, P.C. For the first seventeen years of his practice, Mr. Lenahan devoted his time to a broad range of insurance defense matters, including coverage and arson litigation, auto, medical malpractice, and product liability defense, as well as workers’ compensation and subrogation. For the past twelve years, Mr. Lenahan has transformed his practice into one devoted exclusively to the representation of injured parties, including first and third party bad faith, auto, medical malpractice and product liability. Mr. Lenahan has written and spoken extensively on a wide variety of legal topics for the Pennsylvania and Lackawanna Bar Associations, the Pennsylvania Bar Institute, and Pennsylvania Association for Justice. He has been a board certified civil trial advocate by the National Board of Trial Advocacy since 1988. He has been named a Pennsylvania “Super Lawyer” each year since 2005 and has been selected for inclusion in the “Best Lawyers in America” each year since 2008 in the field of “Insurance Law”. Mr. Lenahan also serves as Special Trial Master/Mediator for Lackawanna County. In addition, he was a member of the U.S. Middle District Civil Jury Trial Task Force appointed by Chief Judge Yvette Kane. He has served as a judge for the Negotiation Marathon held at Dickinson School of Law on March 21, 2009, and March 20, 2010. He has also been a member of the Board of Directors of Lackawanna Pro Bono, Inc. for 2010 and 2011. Mr. Lenahan was trial and appellate counsel in the landmark bad faith case, Holloc v. Erie, 2004 Pa.Super. 13, 842 A.2d 409 (2004) (en banc), appeal dismissed as improvidently granted, 902 A.2d 1185 (Pa. 2006).

Kathleen P. Dapper, Esq.

Ms. Dapper is a partner in the Pittsburgh office of Gordon Rees Scully Mansukhani, where she is part of the Insurance and Commercial Litigation practice groups. Her practice focuses on representing insurers in bad faith and coverage disputes. Prior to joining Gordon Rees, Ms. Dapper practiced bad faith and insurance coverage at litigation firms in Pittsburgh and Philadelphia. Ms. Dapper is a member of the Defense Research Institute and serves as a Hearing Committee Member for the Disciplinary Board of the Supreme Court of Pennsylvania. She also serves on the board of directors for the East Allegheny Community Council. Ms. Dapper earned her B.A. from Xavier University and her J.D. from Villanova University School of Law.

Stuart J. Setcavage, Esq.

Mr. Setcavage is a former Litigation Manager at State Farm and has twenty-six (26) years industry experience. In 2012, he resigned to start Setcavage Consulting Mediation in Pittsburgh. Mr. Setcavage is a past President of the Pennsylvania Defense Institute (PDI) where he had been active as a chair for several PDI committees. He has testified before the Pennsylvania Senate Banking and Insurance Committee on important matters concerning the insurance industry and Pennsylvania Motor Vehicle Financial Responsibility Law. In addition to being an expert witness on bad faith and other insurance related disputes, Mr. Setcavage is a certified mediator approved by the United States District Court for the Western District of Pennsylvania. He specializes in the mediation of personal injury claims, policy contract disputes, billing disputes, and bad faith claims. Mr. Setcavage is a frequent lecturer and has presented at CLE programs for the Pennsylvania Defense Institute, the Pennsylvania Bar Institute, the Pennsylvania Association for Justice, and the Florida Justice Association.

James G. Bordas, Jr., Esq.

Jamie Bordas has been the managing partner of Bordas & Bordas since 2005. Bordas spearheads Bordas & Bordas’ operations across multiple states and jurisdictions. An extremely accomplished litigator, Bordas has concentrated on the negotiation and resolution of the firm’s most complex and significant cases, including mass tort settlements of $36,500,000 and $18,500,000 and a single plaintiff settlement of over $18,000,000. In 2019, he served as lead counsel for a plaintiff at trial and presented the Oral Argument before the West Virginia Supreme Court in a case that resulted in a $16,922,000 verdict against Walmart. The verdict is believed to be one of the largest, if not the largest, verdicts in the history of Wood County, West Virginia, on behalf of a single plaintiff. He has also obtained a $10 million verdict in an insurance bad faith case in Belmont County, Ohio. In 2023, Bordas argued a case, Harris v. Hilderbrand, Slip Opinion No. 2023-Ohio-3005, before the Ohio Supreme Court where the Court unanimously ruled that police officers do not have immunity from negligent acts with K9 officers outside of duty. He also served as appellate counsel in Brown v. City of Oil City in which the Supreme Court of Pennsylvania decided in May 2023 that a contractor who has created a dangerous condition through work performed for a possessor of land may be liable to all persons suffering injuries caused by the dangerous condition. Bordas works on cases involving diverse areas of law, including insurance bad faith, toxic torts, personal injury, medical malpractice, oil and gas cases, business litigation and more. He has frequently been invited to speak to groups of attorneys on techniques applicable to trial skills, negotiation, mediation and resolution of cases as a result of his reputation for getting the best possible results for his clients. He has led the firm’s expansion into Pittsburgh and the rest of Western Pennsylvania and the opening of the firm’s Gateway Center offices in Pittsburgh.

Hon. Pamela Carlos

U.S. Magistrate Judge Pamela A. Carlos was appointed to the bench on November 12, 2021. She obtained her Bachelor of Arts degree in Government from Franklin and Marshall College (1986) and her Juris Doctor from Temple University’s Beasley School of Law (1989). Prior to her appointment, Judge Carlos served as lead trial counsel in hundreds of civil litigation matters in the Pennsylvania state and federal courts as a Member of Bennett, Bricklin and Saltzburg, LLC. Judge Carlos joined the firm in 1993 and became a Member in 1998. In 2009, Judge Carlos was elected to serve on the firm’s Executive Committee, a five-person committee responsible for the management of all firm operations and departments including finance, technology and human resources. Judge Carlos served in this capacity until her retirement from the firm in 2021. In addition, Judge Carlos was Chair of the Special Investigative Unit practice group from 1997 to 2004 and Chair of the Bad Faith and Insurance Coverage practice group from 2004 through 2021. Judge Carlos also served as former Chair of the firm’s Diversity Committee. During her service Bennett Bricklin continued to grow in the area of diverse employment. By 2019, PA Law’s Annual Report on the State of the Profession survey of the largest 100 law firms in Pennsylvania listed Bennett Bricklin as 41st in size and 2nd in percentage of female attorneys. Upon graduation from law school, Judge Carlos began her legal career as an Assistant District Attorney for the Office of the District Attorney of Philadelphia from 1989 through 1993. While there she served in the Municipal Court, Motions and Major Jury divisions, trying numerous matters to verdict.

Scott J. Tredwell, Esq.

Mr. Tredwell’s experience includes service as the Chief Administrative Law Clerk to the Honorable John T.J. Kelly, Jr. in the Superior Court of Pennsylvania. For over three (3) decades, he has been responsible for the representation of insurance carriers in claims involving alleged bad faith and fraud. He has also been involved with the representation of insurers in class actions in numerous jurisdictions, including Florida, North Carolina, Texas, West Virginia, Connecticut, Utah and Washington. He has served as an expert witness and written and lectured frequently on various topics regarding bad faith and other claims by and against insurance carriers. He has served as a consultant in numerous cases brought by and against insurance carriers. He has regularly been appointed to serve as a Judge Pro Tem, and as both a neutral and a party designated arbitrator in various matters involving insurance law.


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