Joseph C. Monahan

Joseph Monahan's clients include insurers, reinsurers, insurance brokers, real estate agents, mortgage companies and professional practices, whom he regularly represents through the multiple phases of litigation and appeal. He has tried cases in both federal and state courts.

In conjunction with his colleagues in the Insurance Practice, Joe publishes the Bad Faith Sentinel, a monthly review of bad faith decisions from around the country. He is a frequent speaker, most recently presenting on the attorney client privilege as it pertains to the in-house lawyer, insurance and consumer class actions and bad faith.

Experience

Past and current insurance and reinsurance representations include:

  • Representation of a reinsurer in a dispute with its retrocessionaire regarding the application of underwriting guidelines and the follow the fortunes doctrine
  • Representation of a reinsurer in a dispute with a cedent regarding coverage in light of the cedent's underwriting practices
  • Representing a reinsurer in a dispute regarding termination of a managing general agent
  • Representing several insurance brokers in coverage disputes between the insureds and their respective carriers
  • Defending a property and casualty carrier through trial and appeal against claims of breach of contract and bad faith, where the issues included the effect of late notice and the application of certain coverage exclusions
  • Defending a variety of carriers in coverage disputes and bad faith actions

Past and current litigation engagements outside of the insurance and reinsurance context include:

  • Representation of real estate agents in multimillion dollar fraud claim filed by a series of allegedly aggrieved purchasers
  • Representation of mortgage broker in dispute with former employees regarding numerous alleged breaches of contract, including the defense of a series of counterclaims for, among other things, fraud
  • Representation of an e-commerce site in dispute with vendor concerning the vendor's performance under a professional services contract
  • Defense of a pharmaceutical marketing firm in a dispute regarding alleged breach of a restrictive covenant, including defense of the plaintiff's efforts to obtain a temporary retraining order
  • Representation of a copyright holder in an infringement action against allegedly infringing party, including the prosecution of a claim for injunctive relief
  • Representation through trial regarding the control of a closely held business
  • Pro Bono defense of an antiquities dealer concerning ownership of a rare book of historic significance purchased by the dealer at auction 

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