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Obermayer’s insurance defense attorneys provide legal counsel and litigation services to insurance companies and their clients. We represent regional and national insurers, insureds and self-insureds to defend against insurance claims including:
- Class Action Lawsuits
- Construction Claims
- Directors & Officers
- Employment Practices Liability
- Errors & Omissions
- Legal Malpractice
- Medical Malpractice
- Premises Liability
- Products Liability
- Personal Injury
- Architects and Engineers Liability
- Toxic Tort
Our insurance attorneys interpret insurance policies, draft and file responses to lawsuits on behalf of clients, locate expert witnesses, prepare oral and written discovery, negotiate settlements, and bring cases to trial when necessary. We work with our clients’ in-house legal teams and the insureds to determine the best strategy for our defense. Our philosophy uniquely prepares our team to counsel and assist our clients when it is time to make the strategic decisions as to how a case will be handled. Understanding and avoiding the costs of court involvements, as well as the risks associated with a jury trial, can make settling a case attractive. On the other hand, there are times when the issues strike at the heart of a company’s character or mission — and settling becomes the last choice. Our attorneys, who are licensed in Pennsylvania, New Jersey and Delaware, are often hired by out-of-state law firms to provide representation to their clients located in our jurisdictions.
CLASS ACTION LITIGATION
Obermayer's litigation attorneys routinely represent clients in a broad array of class actions, including class actions involving employment, insurance, health care and mass tort claims. Our attorneys are deeply experienced in defending class certification and merits issues, and have successfully navigated the complexities of large scale class action and multi-district litigation for numerous clients.
DIRECTORS & OFFICERS LIABILITY
On behalf of D&O insurance carriers, we represent boards of directors and officers in investigations and a wide range of insurance coverage matters. We have appeared in state and federal court in matters including but not limited to: breach of fiduciary duty, breach of contract, fraud actions, bankruptcy trustee claims, self-dealing, derivatives suits, unlawful distribution of assets and other alleged wrong doing.Together with the Honorable Paul S. Diamond, of the United States District Court for the Eastern District of Pennsylvania, Obermayer Partner, Mathieu J. Shapiro authored a chapter entitled “Director & Officer Liability” in the critically acclaimed ABA Section of Litigation treatise, Business and Commercial Litigation in Federal Courts, edited by Robert L. Haig (Thomson/West, 2011 and 2005 editions).
One of the fastest growing areas of litigation is employment-related claims. Through our Labor Relations and Employment Law Department, we have defended hundreds of employment-based lawsuits, including class actions in both state and federal jurisdictions throughout the country. Cases we routinely deal with include:
- Religious discrimination
- Race discrimination
- Age discrimination
- Disability discrimination and FMLA issues
- Sexual harassment
- Violations of Title VII
- ADA claims
- Violations of the Fair Labor Standards Act
- ERISA violations
- Claims for wrongful discharge, defamation, and intentional or negligent infliction of emotional distress.
The attorneys in our Environmental/Insurance Law Department have extensive experience and a demonstrated record of success in handling complex first-party property insurance litigation; federal and state environmental litigation, including enforcement proceedings and administrative appeals; advising on project development; and obtaining permits and approvals. In addition, we provide comprehensive advice and counseling to insurers and insureds to resolve insurance issues arising in connection with both environmental and property loss claims involving the release of pollutants.
ERRORS & OMISSIONS LIABILITY
In today’s litigious society, professionals are more exposed to lawsuits than ever before. As a complement to our insurance coverage practice, our attorneys defend professionals who are accused of negligence in connection with the services they provide to their clients. These professionals range from doctors, insurance brokers, real estate agents, lawyers, accountants, among others.
MEDICAL, LEGAL AND PROFESSIONAL LIABILITY
We have extensive experience in defending medical malpractice, legal malpractice, architects and engineers claims, and other types of professional liability claims. Our medical defense department represents many of the area's hospitals and hundreds of physicians in litigation involving a myriad of medical issues. We have also represented attorneys and law firms in a host of legal malpractice cases. Further, we have represented investment advisors and insurance brokers in actions brought by investors and insurers.
From the basic slip-and-fall claims to catastrophic injury claims, we have extensive experience in successfully representing insurers and their insureds including owners, operators and managers of commercial properties in premises liability claims in both state and federal courts. Our attorneys have successfully defended premises liability cases through trial, appeals, arbitration and mediation.
We have defended our clients and insurance company clients in a wide range of products liability claims. Our clients have come from the pharmaceutical, automobile, consumer products, industrial products, and medical device industries. We represent national and international corporations facing mass tort actions in multiple state courts and federal multi-district litigation. In particular, we are Pennsylvania statewide counsel to two major automakers in the defense of their asbestos cases throughout the state. We are also involved in the national defense of a medical device company in mass tort litigation involving multi-district litigation proceedings and related state court cases throughout the United States.