Wendy D. Testa

Obtained Pennsylvania Superior Court reversal of lower court decision regarding the interpretation of a claims made policy and a manuscript endorsement related to when a claim is made for purposes of coverage afforded to a claim arising from personal injury sustained in a nursing home.

Obtained summary judgment in the Superior Court of New Jersey, Burlington County as a result of asserting contractual claims on behalf of a beverage equipment supplier for defense, indemnification and insurance coverage against a bankrupt manufacturer related to a significant multi-party fire loss claim. The client paid nothing in a $750,000 settlement and was reimbursed for all defense fees/costs. As a result of the successful defense strategy in the New Jersey litigation, a global settlement of a number of other nationwide fire loss claims involving the same manufacturer and its insurer was achieved with no contribution from the client.

Won motions for summary judgment based on contractual defense/indemnification issues in construction litigation matters in the Superior Courts of New Jersey, Burlington and Camden Counties and in the Court of Common Pleas, Philadelphia County.

Won motions for summary judgment (in three separate matters) based on Pennsylvania’s statutory employer defense in construction-related personal injury lawsuits in Court of Common Pleas, Philadelphia County.

Won appeal related to a contractual indemnification and insurance coverage dispute between contractors in the Superior Court of Pennsylvania, Eastern District.

Obtained favorable settlement of a construction-related wrongful death action in Burlington County. As a result of obtaining summary judgment on behalf of owner and general contractor related to a third-party contractual indemnification claim against plaintiff’s employer/contractor, the matter resolved for $1.75 million total with plaintiff’s employer assuming all defense fees and costs of our client as well as a significant portion of the settlement.