Managing and Litigating First and Third-Party Bad Faith Claims: Insurer Strategies for Addressing Unique Challenges

Mr. Schildt is a Principal, Vice-Chair of the Firm's Insurance Law Department, and a nationally-recognized insurance/ERISA practitioner. He works out of the Firm's Pennsylvania and New Jersey offices and has devoted his entire legal career to representing insurers in coverage, ERISA, and bad faith matters. Mr. Schildt has been honored by being selected for inclusion in the 2018 – 2024 editions of The Best Lawyers In America, Insurance Law category. His national and broad-based coverage litigation and coverage opinion practice encompasses personal and commercial insurance claims and disputes in almost all areas, including disability claims, ERISA claims, bad faith claims, life/accidental death claims, CGL claims (including additional insured and construction defect disputes), property insurance claims, COVID business interruption claims, health insurance claims, commercial auto claims, policy rescission/policyholder fraud, professional liability claims, D&O claims, long-term care claims, and all types of casualty claims. He has been lead counsel in thousands of such disputes in many different federal courts, state courts, and arbitration forums. Mr. Schildt also handles complex coverage and bad faith matters involving excess verdicts, trigger issues, allocation, horizontal/vertical exhaustion, and the interaction among primary, excess, and umbrella policies. His practice group enjoys a 90% success rate on dispositive motions.  

Litigation Counsel with the Brandywine Group of Insurance and Reinsurance Companies. With a practice focused on insurance coverage and bad faith litigation, Mr. Shay advises and represents national clients in a variety of complex coverage and bad faith disputes arising from both commercial and personal insurance policies, including: CGL coverage claims (including construction defect/injury matters); property insurance claims; commercial and personal automobile claims; policyholder fraud; policy rescission; health, life, and disability insurance claims; ERISA litigation regarding benefit claims and challenges to health plans, fiduciary issues, and sophisticated preemption issues; annuity and structured settlement disputes; class action litigation; indemnity disputes between insurers; and bad faith claims.

Mr. Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation matters. He is a knowledgeable and experienced coverage attorney and litigator who provides cost-effective, proactive advice to clients in the hopes of avoiding or minimizing litigation, and tenaciously represents clients in suit when needed.

Ms. Montague has a broad range of experience in complex and emerging issues in insurance coverage and commercial litigation. She manages complex, multimillion-dollar cases through all facets of litigation, from pre-trial strategy through post-trial relief. Ms. Montague represents insurance companies in state and federal courts nationwide, as well as in various alternative dispute resolution forums, including private arbitrations and mediations.