Representative Cases

  Alan H. Casper, Esq.

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.

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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 Paris-based hypermarché.

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.

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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 Allentown homeowners Strickler and LeVionne Brown when State Farm denied their claim. Mr. Casper succeeded in settling the case for the Browns’ full insurance contract damages and the full satisfaction of the balance of their mortgage. Mr. Casper obtained this result after taking on the representation of plaintiffs just before trial in a case where State Farm had claimed arson for over three years.

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.

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Representative cases







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