OUR FIRM

INTRODUCTION TO THE FIRM

Our firm was founded in 1996 for the purpose of providing insurance companies and their insureds with highly competent, aggressive lawyers committed to personalized service at a reasonable cost.

The focus of our practice has been and continues to be insurance coverage and general liability defense.

Our insurance coverage practice covers all types of policies and coverage, including automobile, homeowners, business package policies, commercial general liability and property policies, public officers and officials' liability policies, directors and officers' liability policies and reinsurance. We offer a broad range of services in these areas from case management to cost sharing agreements to representation in declaratory judgments actions. We are able to provide opinions on the coverage ramifications of the major types of claims currently dominating litigation in the United States, including advertising liability, directors and officers' liabilities, professional and public officials' liabilities, asbestos, environmental pollution issues, toxic tort claims, and extra-contractual claims.

In addition, our insurance defense practice provides litigation expertise in many areas including automobile defense, premises liability defense, products liability defense and professional liability defense. This broad range of experience, coupled with a commitment to quality representation, permits us to offer our clients, innovative, responsive and cost effective representation.

INSURANCE COVERAGE

In addition to providing assistance with coverage decisions, we are involved in diverse declaratory judgment actions covering many topics, including:

Additional Insured Status: We have successfully defended claims for coverage under various "Additional Insured" endorsements in both Federal and State Courts.

Asbestos Coverage: We are involved with claims challenging the validity of various asbestos exclusions in Pennsylvania.

Asbestos Reimbursement Claims: We represent both primary and excess carriers in cases involving asbestos cost sharing, allocation and reimbursement and obtained a recovery in excess of $3.9 million for one of our clients.

Assault & Battery: We have obtained summary judgments for our clients in both N.J. and Pennsylvania and have won non-jury trials in Philadelphia on the applicability of the assault and battery exclusion to injuries sustained in tavern incidents.

Construction Defect: We have successfully defended policy exclusions relating to construction defects and faulty workmanship in both Pennsylvania and New Jersey.

Contractual Liability: We have made law on contractual liability and additional insured status in the Pennsylvania Superior Court.

DES: We handled a $12 million dollar coverage and bad faith suit alleging failure to defend complicated by retrospective premiums and allocation.

Environmental Contamination: We represent insurers in some of the large environmental coverage cases in both Pennsylvania and New Jersey and have assisted with environmental coverage disputes in places as far away as Hawaii and Alaska. We have defended claims arising out of not only CGL policies but also Business Auto and Garage Keepers Liability policies.

First Party Claims: We represent insurers in first party coverage disputes involving claims from arson to theft.

Indemnification: We have pursued claims as subrogee of the insured against other insurers based on indemnification clauses in contracts between insureds.

Lost Policies: We have successfully handled "lost or missing policy" claims.

Molestation and Abuse Exclusion: We successfully defended claims for coverage arising out sexual abuse of minors and a claim based on the beating death of a nursing home resident.

Occurrence: We have been successful in the assertion of no coverage based on lack of an occurrence in our Pennsylvania Appellate Courts.

Pollution Exclusion: We have reformed policies to include an absolute pollution exclusion.

Public Official's and Police Liability: We provide coverage assistance to an MGA for municipal liability coverage.

Real Estate: We defended an errors and omissions carrier in a real estate claim complicated by the conduct of prior counsel.

DEFENSE OF AUTOMOBILE LIABILITY CLAIMS

Automobile Accidents
We defend claims involving single and multi-vehicle accidents in Pennsylvania and New Jersey, including those under the Deemer Statute.

Bus Accidents
We have litigated bodily injury and property damage claims arising out of intersectional collisions involving commercial and school buses.

Commercial Trucking
We have defended claims involving truck visibility, driver fatigue, compliance with Interstate Commerce driver regulations and enforcement by trucking companies.

Personal Lines
We have handled claims for the payment and/or disclaimer of Personal Injury Protection Benefits.

Uninsured/Underinsured
We have handled claims and arbitrations involving Uninsured and Underinsured Motorists claims. We also serve as appointed defense and neutral arbitrators.

DEFENSE OF EMPLOYMENT LIABILITY CLAIMS

We have successfully defended a variety of employment liability claims and given counsel with respect to policies and procedures to avoid such claims.

Athletic Leagues
We successfully defended a claim of racial discrimination brought by an official against the league, the Pennsylvania Interscholastic Athletic Association and the basketball assignor. In addition, we counseled the league on policies and procedures to avoid future claims.

Colleges and Universities
We have experience defending colleges and universities in claims alleging unequal pay, gender discrimination and age discrimination in Federal Court as well as before the EEOC and PHRC.

DEFENSE OF ENVIRONMENTAL CLAIMS

Superfund
We are counsel for several Principal PRP's at Superfund sites with estimated multi-million dollar cleanups. We have pursued cost recovery/contribution actions against other PRPs.

Spill Act
We continue to negotiate allocations and consent decrees on behalf of multiple PRP clients. We have been successful in reducing PRP allocation committee amounts the majority of the time. We have participated in resolutions involving Deed Restrictions and other alternative remedies.

ADR
We regularly participate in ADR mediations with various state agencies and the EPA.

DEFENSE OF GENERAL LIABILITY CLAIMS

Athletic and Sporting Events
We defend individual participants, coaches, teams and leagues in a variety of cases ranging from discrimination to negligent supervision and operation of facilities as well as claims for player injuries.

Construction Site and Concert Venues
We defend property damage and bodily injury liability claims arising out of construction and concert site accidents including claims based on failure to provide security, improper lighting, improper maintenance and contractual indemnification issues.

School District Liability
We have successfully defended various claims against N.J. and Pennsylvania schools and teachers arising from allegations of improper supervision, improper discipline by school administration, and facility maintenance.

DEFENSE OF PRODUCT LIABILITY CLAIMS

Construction Accidents
In addition to premises liability actions, we defend companies allegedly supplying defective equipment and obtained a defense verdict in Philadelphia County in a $7 million bodily injury claim asserting design defects in a construction trailer.

Electric Shock Injuries
We have experience defending electrical injuries and obtained a defense verdict in a $3 million bodily injury claim defending the owner of a crane involved in an electrocution accident.

Personal Care Products
We defend product claims arising from exposure to cosmetics, dyes, latex, and solvents resulting in burns and/or scarring.

DEFENSE OF PROFESSIONAL LIABILITY CLAIMS

Architects and Engineers
We defend bodily injury and property damage claims arising out of building collapses and premises accidents. We have successfully defended lawsuits alleging a defectively designed parking lot and a defectively designed a fire suppression system.

Dentists
We have defended general as well as specialists in the dental profession for claims arising from negligent extractions, improper care after surgery, defective capping of teeth and informed consent.

Physicians and Surgeons
We have defended general practitioners as well as specialists in the full range of medical malpractice claims.

Psychiatrists
We are experienced in defending claims brought against psychiatrists for claims as diverse as failing to diagnose suicidal tendencies, improper medication, inappropriate relationships and altering of medical records.

Realtors
We defend realtors in claims involving breach of contract, misrepresentation, and fraud.

DEFENSE OF TOXIC TORT CLAIMS

Abestos
We have been involved in the defense and trial of bodily injury claims in Pennsylvania, New Jersey and New York. We have defended claims brought against contractors for school building damage.

Chemical Exposure
We have been successful in the defense of what had the potential to be the first of many occupational disease claims at a paper manufacturing plant that was down- sizing. No additional claims were filed.

DES
We act as national coordinating counsel for claims asserted against certain DES manufacturers, including coverage litigation for defense and indemnity.

Formaldehyde
We defended claims of multiple chemical sensitivity arising from exposure to formaldehyde in carbonless copy paper, pressed board and preserved specimens have been settled for nominal contributions in both Pennsylvania and New Jersey. UFFI claims have been tried to defense verdicts in Philadelphia County.



Koch & DeMarco, LLP
101 Greenwood Ave. • Jenkintown, PA 19046
Phone: (215) 881-2280 • Fax: (215) 881-2200
Email: info@kochdemarco.com

©2012, Koch & DeMarco, LLP. All Rights Reserved.