Defense Verdict for Insurance Broker in Westmoreland County Court of Common Pleas

On May 16, 2014, BCC partner Sheila M. Burke won a defense verdict in Westmoreland County Court of Common Pleas for a local insurance agent in a professional malpractice case. The 2½ day trial before the Honorable Christopher Feliciani ended with a decision that the broker’s actions did not cause any damages to the Plaintiff. The allegations by Plaintiff were that the broker failed to explain the co-insurance provision on a commercial policy when placing coverage for Plaintiff’s apartment building. In 2007, a fire partially damaged the building and Plaintiff made a claim under his commercial insurance policy. Plaintiff was paid for his damages but the payment was reduced due to the co-insurance provision in his policy. Plaintiff claimed he was entitled to additional money under the policy from his broker. From the beginning, the broker denied that he failed to explain the co-insurance provision to the Plaintiff, that Plaintiff was aware he was purchasing less coverage than he needed to fully rebuild the building and that the amount of money he received was sufficient to cover his losses. Plaintiff alleged damages in excess of $100,000.