Daniel P. Finegan
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Daniel P. Finegan represents insurers, businesses and local governments in civil actions in the state and federal courts of Pennsylvania and New Jersey. He has extensive experience litigating complex personal injury claims involving catastrophic injury and death, as well as professional liability claims, sexual assault claims, employment-related claims, and claims for property damage and economic loss. He also counsels clients regarding regulatory compliance and loss avoidance.
Mr. Finegan is a result-oriented attorney, focused on clear and prompt communication with clients. In each matter, he ensures that losses are properly investigated and claims are evaluated at an early stage. He works with clients to ensure that an agreed-upon strategy is in place and followed, which always includes cost-saving steps and assessment for potential early resolution.
Having tried more than 40 cases to verdict, Mr. Finegan represents clients in all phases of claims and litigation, including pre-trial, trial and appellate proceedings. Additionally, he represents clients in arbitrations and mediations.
Mr. Finegan’s work for clients includes:
- evaluation of coverage and insuring agreements, and preparation of opinion letters and reservation of rights letters
- investigation of claims and underlying losses, including via examinations under oath, preservation of information/evidence, and coordination with investigating authorities and experts
- representation in declaratory judgment proceedings, including to confirm that there is no obligation to defend or indemnify regarding a loss or that others must do so
- defense of professional liability claims, including regarding medical, psychological and social work professionals
- defense of sexual assault claims, including claims asserted by minors
- defense of civil rights claims, asserted under state and federal law
- defense of claims for uninsured/underinsured motorist benefits
- defense of claims alleging bad faith and failure to honor coverage obligations
- subrogation recovery for property damage and economic loss related to fires, flooding and technology failures
He has a solid familiarity of all stages of such matters, including: post-loss investigation, including to preserve and evaluate pertinent information and evidence; pre-suit/claim proceedings; after commencement of suit, including to confirm applicable defenses, conduct discovery and coordinate regarding expert evaluations; pre-trial proceedings, including for dismissal of claims or preclusion/limitation of evidence; mediation/arbitration; trial; and appeal.
Mr. Finegan has successfully defended clients in claims and actions alleging:
- professional liability
- sexual assault
- negligent operation/entrustment of autos, trucks, planes and aviation equipment, and construction vehicles and equipment
- product failure or malfunction involving autos, commercial vehicles and equipment, manufacturing equipment, and consumer goods
- negligence/product failure or malfunction related to fires and explosions
- negligent inspection, maintenance or operation of facilities, including hotels/motels, swimming pools and recreational facilities, schools, campgrounds, manufacturing plants and retail businesses
- negligent service of alcohol
- violation of civil rights, under state and federal law
- violation of consumer protection and unfair trade practice laws
Some of his representative matters in these areas include the following:
- trial dismissal of sexual assault claims against social work professionals, asserted by a minor, in which the jury subsequently awarded damages of $5.35 million against remaining defendant
- pre-trial dismissal of product liability claims, in excess of $10 million, against a manufacturer and distributor of roofing products, asserted by a worker who fell from a roof and sustained spinal injuries and paralysis
- pre-trial dismissal of negligence/premises liability claims, in excess of $12 million, against an airport owner/operator, asserted by a contractor who sustained spinal injuries and paralysis due to jet blast from an aircraft
- successful defense of claims asserted by a national retailer insured against its workers compensation insurer, alleging negligence, bad faith and professional liability related to handling and adjustment of claims
- numerous pre-trial dismissals, and defense verdicts at trial, regarding claims against businesses and local governments and their employees asserting negligent operation of vehicles and equipment, product failure or malfunction, negligent inspection or maintenance of facilities, professional liability, and negligent service of alcohol
Mr. Finegan serves as a judge pro tempore in the Philadelphia Court of Common Pleas, and assists in pre-trial evaluation and settlement negotiations among counsel in cases in the Court’s Major Jury Trial Program. He joined Obermayer in 1985 and chairs the committee that oversees evaluation and professional development/training of associates and paralegals in the firm.
Professional & Civic Activities
- Pennsylvania Bar Association
- New Jersey Bar Association
- Tort and Insurance Practice Section, American Bar Association
- Litigation Practice Section, American Bar Association
- Defense Research Institute
- Pennsylvania Defense Institute
- Insurance Practice Committee, Philadelphia Bar Association
- Philadelphia Association of Defense Counsel
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