Successes Table of Contents - Law Firm Nelson Levine de Luca & Horst Attorneys Blue Bell, Pennsylvania

Nelson Levine de Luca & Horst, LLC has enjoyed many successes serving clients, participating in trade groups and helping to advance the insurance industry. Below is a representative list of some these successes:

Michael Hamilton, Scott Rybny and Melanie Bork recently prevailed in the Supreme Court of North Carolina, obtaining a ruling in April 2010 that their client had no duty to defend or indemnify its insured, a manufacturer of insect resistant apparel, against a multi-million dollar trademark infringement and false advertising lawsuit brought under the Lanham Act.
In March 2010, William Krekstein and Elizabeth Dill obtained summary judgment for their client in the Eastern District of Pennsylvania, in a case where the insureds brought a declaratory judgment action seeking a defense and indemnification under their insurance policy for a lawsuit arising from a significant accident involving a golf cart. In addition to arguing that the policy in force at the time of the accident provided coverage, the insureds also argued that the reasonable expectations doctrine required the court to find coverage under a prior policy issued by the same carrier. The court entered summary judgment in favor of the carrier on all counts, including claims for statutory bad faith and for violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law.
Cyndi Bernstiel handled a property damage/fraud claim on behalf of a national insurer where the insured filed a $1.4 million breach of contract/bad faith case in federal court in the Eastern District of Pennsylvania arising from alleged wind and water damage to modular townhomes. Cyndi uncovered during the investigation that there was substantial evidence that the damage pre-existed the policy issuance and that the insured lied during the investigation. This caused the insured to completely walk away from his case in the middle of litigation.
This victory comes on the heels of another walk away for the same client in summer, 2009. Cyndi Bernstiel and Bill Krekstein represented the client in a $500,000 arson/bad faith case where Cyndi handled the claim investigation and Bill spearheaded the litigation once the insured filed suit. They claimed the insured committed various misrepresentations during the investigation and their position became so compelling that the insured dropped the lawsuit in the middle of the case.
In December 2009, Michael A. Hamilton achieved a favorable ruling from a Wisconsin bankruptcy court, a notoriously policyholder-friendly forum, that our insurer client did not breach its duty to defend in relation to proceedings before the bankruptcy court involving the insured and a claimant seeking damages for trademark infringement, unfair competition and violations of the Lanham Act.
As a result of speaking engagements on pandemic exposure presented by NLdH attorneys nationally, the firm was retained to complete pandemic exposure analysis and projections for a major national reinsurer in summer 2009.
In November of 2009, John M. Clark, Dirk Pastorick, and Erin Nulty won summary judgment on behalf of Certain Underwriters at Lloyd's, London in a declaratory judgment action brought by an insured that sought coverage under two separate policies of insurance--a Warehouseman's Liability Policy and a Cargo Policy. The insured alleged that a theft of goods from a moving van, which occurred while the van was in storage at an unscheduled location, should be covered under one or both policies. By counterclaiming for declaratory relief on substantive coverage issues in the Answer to the insured's Complaint, we were able to move forward on a Motion for Summary Judgment early in the litigation prior to engaging in any discovery, which resulted in reduced litigation time and lower costs for the client.
On February 6, 2009, John Clark and Erin Nulty successfully obtained summary judgment in favor of a surplus lines insurer and a coverholder in a New Jersey declaratory judgment action in which the insured contested denial of a fire loss claim based on a cancellation of the policy by a premium finance company.
Bill Krekstein began a term as a faculty member for the Insurance Society of Philadelphia in November 2009. His first presentation was "Ethics and the Insurance Professional."
In November, 2009, Bill Krekstein and Liz Dill successfully defended an auto insurer in its first bad faith case before the Maryland Insurance Administration under Maryland's new bad faith statute. The case involved a commercial property loss where the policyholder was claiming the company committed bad faith by failing to pay for code upgrades after a fire loss. Because the statute is so new, there is natural uncertainty as to how it will be construed. Here, the Administration held that there was no evidence that the company acted arbitrarily or capriciously in handling the claim.
John Clark and Erin Nulty obtained a favorable decision from the Appellate Division of the New Jersey Superior Court affirming the trial court's judgment that the insurer had no duty to defend and indemnify the insured under a homeowner's policy for claims brought against the insured in Worker's Compensation Court.
Rob Stickley handled a toxic exposure matter on behalf of an insurer that resulted in the plaintiff voluntarily dismissing his claim after a year of putting up a very aggressive defense. Rob was able to disprove numerous claims by the plaintiff related to employment, diagnosis and other fraudulent behavior. Plaintiff and his wife were facing another round of depositions which we were able to secure through a court order even though we deposed him 11 times. Plaintiff was also feeling the pressure of the constant surveillance we were able to fund by organizing a core defense group.
Dirk Pastorick successfully mediated a high profile dram shop case involving a popular Philadelphia nightclub, where one plaintiff died and the other plaintiff sustained serious injuries. While the terms of the settlement are confidential, the insurer, certain Underwriters at Lloyd's, London, is very happy with the favorable outcome.
In another dram shop case, Dirk Pastorick successfully settled a death case and serious injury claim with very favorable terms for the insured. Certain Underwriters at Lloyd's, London are pleased with the results.
In a construction accident claim involving a garage collapse that caused very serious injuries, Dirk Pastorick successfully mediated a high exposure case in which NLdH represented the engineer. The terms of the settlement were confidential, but Dirk was able to resolve the case on very favorable terms.
Through Dirk Pastorick, the Cherry Hill office of NLdH received the assignment of a high profile death case involving students and fraternity members at the University of Delaware. This case, in which we represent the national fraternity, was referred to us based upon our favorable handling of a separate fraternity case at Rowan University involving serious injuries arising out of alcohol consumption at a fraternity party.
Ken Levine & Dan de Luca tried a large subrogation matter on behalf of a major national insurer that resulted in a high-value settlement at the close of plaintiff's case.
Dan de Luca won a substantial binding arbitration award against product manufacturer and contractor on behalf of his client who was very happy with the award
In a liability action against an insured and numerous other homeowners by a slip and fall plaintiff, John Clark successfully filed preliminary objections to the plaintiff's complaint, which was dismissed with prejudice by the Philadelphia Court of Common Pleas. Having the claim dismissed against the insured at such an early stage in the litigation resulted in substantially reduced litigation costs for the insurer.
In the Virgin Islands, which has been referred to as a "Plaintiff's Paradise" due to large jury verdicts in favor of injured claimants, John Clark mediated a slip and fall case and settled the matter in terms that were favorable for the insured. Focusing on reducing damages by stressing plaintiff's preexisting injuries and refuting his claim of lost wages, John was able to negotiate a reduced settlement. A representative of Certain Underwriters at Lloyd's, London was present at the mediation and his expressed his satisfaction with the outcome.