PRACTICE AREAS

McCormick & Priore has extensive experience in all aspects of automobile insurance litigation: third-party liability actions, uninsured motorist claims (“UM”), underinsured motorist claims (“UIM”), first-party benefits (“PIP”) actions, bad faith claims, and coverage disputes. The claims in these actions can range from the “typical” soft-tissue injury, to paralysis, to wrongful death, with issues regarding both liability and medical causation. The attorneys at McCormick & Priore have not only litigated hundreds of such cases; they also routinely serve as defense arbitrators in UM/UIM cases, and lecture extensively regarding automobile insurance actions. In addition, Mr. McCormick is also the author of UM/UIM Digest of Reported Cases in Pennsylvania (1989, and Updates 1991 through the present).

A “buzzword” for plaintiffs’ attorneys, the number of bad faith claims has skyrocketed over the past few years. Often, plaintiffs’ claims amount to little more than “fishing expeditions,” yet defending these claims can be very expensive and document intensive, with the slightest nuance in a claims adjuster’s notes being magnified in importance. In some instances, a “bad faith” claim really means an alleged lack of “good faith” on the part of the insurance carrier. Other claims, however, fall within statutory provisions, such as Pennsylvania’s Section 8371 of the Insurance Code, which contains its own definitions and set of remedies and damages, including the awarding of attorney’s fees. At McCormick & Priore, we have defended numerous “bad faith” claims on behalf of our insurance clients, whether asserted under the common law or under statutory provisions. In each case, we work closely with our client to identify the critical issues involved with the claim and develop the necessary litigation plan for successfully defending the action.

“1983″ actions are becoming increasingly common, especially in connection with the arrest and prosecution of criminal defendants. Members of law enforcement are often sued for civil rights violations when effecting arrests and otherwise discharging their duties. Such cases run the gamut from claims of excessive force, unlawful detention, and illegal searches and seizures, to civil conspiracy and privacy violations, and these cases almost always contain a claim for punitive damages. Such cases often also involve claims against the municipalities that employ the individual defendants, for inadequate training or supervision. From what constitutes protected speech under the First Amendment, to the limits of the expectation of privacy under the Fourth, to the application of qualified immunity, the attorneys at McCormick & Priore have comprehensive, specialized knowledge of the complex constitutional concepts involved in defending such claims, and have successfully done so on behalf of its clients.

We possess a broad range of experience defending general contractors, subcontractors and suppliers in the construction industry against claims ranging from relatively minor injuries to catastrophic injuries and wrongful death lawsuits. Successfully maneuvering among and utilizing the various contractual, statutory and judicial provisions involved in multi-party construction suits is the hallmark of our abilities in this area. McCormick & Priore also handles construction defect claims arising out of small and large construction projects, as well as contractual indemnity claims and issues that frequently accompany such litigation.

Governmental actions for the cleanup of waste dumps can be particularly challenging. Many statutes provide for strict liability, without regard to time, knowledge or volume, and with limited defenses to these actions. In addition to governmental actions, it is very common for residents and workers in the area of a landfill (or dump site) to bring lawsuits asserting claims for personal injuries and the diminution of property value. At McCormick & Priore, we defend clients in a variety of actions, ranging from large landfills and dump sites, to small underground storage tanks on residential or commercial properties.

McCormick & Priore has provided opinions to insurance carriers on all aspects of coverage issues, arising from virtually any setting. This includes providing coverage opinions and pursuing declaratory judgment actions where necessary, on such wide ranging issues as comprehensive general liability policies, contractor and subcontractor insurance policies, excess insurance policies, garage policies, homeowners policies, and automobile insurance policies. On issues as diverse as pollution exclusions and the stacking of automobile coverages, each policy and endorsement is critically analyzed to determine whether the coverage is applicable in the first instance, whether the conditions of the policy for providing coverage have been met, whether the particular fact pattern warrants the application of an exclusion, as well as whether a duty to defend exists at all, and the possible need for a reservation of rights.