Representative Cases
In Zaloga v. Provident Life and Accident Insurance Company,
a long term disability insurance bad faith case, Mr. Casper , together
with Lenahan & Dempsey, obtained a comprehensive decision recognizing
the existence in Pennsylvania of a common law cause of action for breach
of the implied covenant of good faith and fair dealing entitling the
insured to compensatory damages, including emotional distress.
Click to download a copy of
Zaloga
In Pennsylvania Public School Healthcare Trust v. Dunmore School
District, Mr. Casper, together with co-counsel Eric Weitz,
represented Dunmore School District. The case arose from the
failure and bankruptcy of the Trust, which had been established to
provide health insurance plans to participating school districts in the
Commonwealth. Messrs. Casper and Weitz not only defended Dunmore
School District against over $500,000 in claims brought by the Trust and
other parties to the action, but also pursued fiduciary duty and other
claims against the Trust's Board of Directors and sponsoring
organizations. Dunmore School District obtained payment of
$500,000 and the release of all claims against it as part of the
settlement of the case.
In Saldi v. Paul Revere, a
long term disability insurance bad faith case, Mr. Casper, together with
Friedman, Rubin & White, obtained the most comprehensive published bad
faith discovery ruling nationwide.
The case subsequently settled.
Click to download a copy of Saldi
Mr. Casper, while Of Counsel to Wilkofsky, Friedman, Karel & Cummins,
represented Beall Technologies, Inc., a manufacturer of computer
switches, when its insurer underpaid a substantial loss to its products
and equipment. Mr. Casper
recovered over $1.2 million for Beall in a two-pronged action brought
against its insurer, American & Foreign Insurance, and its landlord,
whose move of Beall’s property had led to the claim.
In Kuklinski v. The Standard,
Mr. Casper represented a seriously disabled orthopedic surgeon when his
ERISA disability carrier, The Standard Insurance Company, refused to pay
him benefits beyond a few months.
Mr. Casper not only got Standard to reinstate Dr. Kuklinski, but
forced it to pay him the full value of his benefits when Standard later
attempted to argue that Dr. Kuklinski was not an Owner-Employee of his
former practice group.
Mr. Casper represented Carrefour (USA) when its insurance company, The
Travelers, sued it for over $1 million in alleged overpayments on its
CGL policy. Mr. Casper
pursued a bad faith counterclaim and was successful in obtaining a
favorable settlement for the
In Riley v. Farmers Fire
Insurance, Mr. Casper obtained a unanimous Pennsylvania Superior
Court decision vindicating the judicial enforcement of insurance
appraisal awards as binding common law arbitrations.
Click to download a copy of
Riley v. Farmers Fire
Insurance
Mr. Casper represented the James M. Conway Corporation when
International Hobby Corporation
sued it and the Italian toy-train manufacturer Rivarossi S.p.A.
for several million dollars in damages for various alleged
business torts. Mr. Casper was successful in obtaining summary judgment
on all counts of the complaint.
Click to download a copy of
International Hobby Corp.
Mr. Casper represented,
with co-counsel Gerald W. Spivack, the partnership
Morris, Pappas & Morris when
their insurance company, Penn America Insurance, refused to pay on a
fire loss. MP&M were the innocent owners of a substantial
restaurant and catering property, but were also the co-insureds of the
tenants, whom Penn America claimed were responsible for the fire that
destroyed the building. Despite a clause in the policy that appeared to
preclude any recovery for "innocent co-insureds," Mr. Casper was able to
obtain a settlement of $600,000.
Mr. Casper represented the Plaintiffs in Rahman v. Aetna Life &
Casualty, where he succeeded in obtaining $960,000 in settlement for
plaintiffs on a grocery store fire insurance claim. Mr. Casper was able
to demonstrate inadequate investigation by both the city's fire marshal
and the insurer's own investigators.
Mr. Casper represented
Mr. Casper represented, with co-counsel Philip Stephen Fuoco, a
certified class of former Statewide Bancorp employees in an ERISA breach
of fiduciary duty class action against several former Statewide Employee
Stock Option Plan fiduciaries. This case, Moench v. Robertson,
resulted in a path breaking decision on the scope of review for ESOP
plan fiduciary duties by the Third Circuit. The case subsequently
settled for a class settlement fund of $700,000.
Click to download a copy of
Moench
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Alan H. Casper, Esq. All rights reserved.
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