Insurance Bad Faith in Pennsylvania

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Richard L. McMonigle, Jr., Principal, Post & Schell

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Richard L. McMonigle, Jr., Principal, Post & Schell, P.C.

With Forewords by Hon. Edward N. Cahn (Ret.) and Joseph R. Roda, Esq.

Covers Pennsylvania's common law and §8371 - Pennsylvania's "Bad Faith Statute."

Insurance Bad Faith in Pennsylvania is designed for busy practicing attorneys, claims professionals, judges and law clerks. This clearly written, straightforward volume examines every important issue relating to bad faith lawsuits under Pennsylvania's common law and under §8371- Pennsylvania's "Bad Faith Statute."  With this helpful book, you'll be able to handle any debate in the bad faith arena.

The seventeenth edition of Insurance Bad Faith in Pennsylvania includes the following:

  • Over sixty-five (65) new court opinions briefed and discussed

  • Summaries of all significant bad faith cases, organized by category

  • Discussion of the impact of recent important decisions, including:

  • The ongoing litigation in Berg v. Nationwide Ins. Co.

  • Wolfev. Allstate, and assignability of §8371 bad faith claims

  • McMahonv. Medical Protective,and third-party bad faith claims

  • The Supreme Court decision in Babcock & Wilcox Co. v. American NuclearInsurers

  • In-depth analysis of the hottest topics in the field:

  • The questionable expansion of first- and third-party common law bad faith

  • Continuing debate over severance and bifurcation in post-Koken UM and UIM claims

  • Disputes over delay in payment and settlement negotiations

  • Claims for compensatory and consequential damages

  • Strategic considerations in presenting, and defending against, bad faith claims

  • The latest court decisions dealing with the discover ability of claims handling documents, and protection afforded for attorney communications and work product

  • Updated Verdict Index, summarizing bad faith trial verdicts in Pennsylvania

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  • Availability: Available
  • Brand: The Legal Intelligencer
  • Product Type: Books
  • ISBN: 978-1-62881-261-9
  • Pub#/SKU#: PBADF17
  • Pub Date: 12/23/2016

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  • Richard L. McMonigle, Jr., Principal, Post & Schell

Richard L. McMonigle, Jr. is a principal in the Insurance Law Department in the law firm of Post & Schell, P.C., where he works in the firms Philadelphia and Princeton offices.  His national practice focuses upon the defense and trial of first and third party insurance matters involving coverage issues, alleged bad faith, policyholder fraud, and life, health and disability claims. A veteran litigator, he also provides training to claims professionals and attorneys on the subject of good faith claims handling. He is admitted to the state and federal courts in Pennsylvania and New Jersey. He also serves as a voluntary mediator and legal consultant in insurance coverage and bad faith matters.


Mr. McMonigle received his undergraduate degree from Dickinson College in 1977, and graduated cum laude from Villanova Law School in 1980 where he was an Associate Editor of the Villanova Law Review and winner of the Reimel Moot Court Competition. Following graduation, he served as law clerk to the Honorable Daniel L. Herrmann, Chief Justice of the Supreme Court of the State of Delaware. He then spent nearly four years as a prosecuting attorney with the Philadelphia District Attorneys Office and later with the Delaware County District Attorneys Office.


Mr. McMonigle has been handling bad faith matters since 1990.  He is the author of Insurance Bad Faith in Pennsylvania, first published by ALM in 2000, and now in its 12th edition.  He frequently lectures on insurance coverage and bad faith issues. He has authored several other articles on bad faith, including, ERISA Pre-emption of Bad Faith Claims, MEALEYS ERISA REPORT (October 2002); Attorney-Client Privilege Still Possible in Bad Faith Cases, THE LEGAL INTELLIGENCER (February 2001); The SIU Challenge: Fighting Fraud While Steering Clear of Bad Faith, MEALEYS INSURANCE FRAUD REPORT (February 2001). 

 He presently serves as an Adjunct Professor of Law at Villanova University School of Law.  He has been recognized by his peers for multiple years in the publications "Superlawyers" and Best Lawyers, in the area of Insurance Law.

 Mr. McMonigle shares his time between Drexel Hill, Pennsylvania, and Stone Harbor, New Jersey, with his wife Kathleen Chancler; three children, Leigh, Gavin and Ross; and Hank the family dog. 

Also by Richard L. McMonigle, Jr., Principal, Post & Schell:
Insurance Bad Faith in New Jersey