Professional Malpractice & Insurance Defense


  • Directors & Officers (D&O) Liability Claims
  • Insurance Coverage
  • Legal Malpractice Defense
  • Motor Vehicle Liability Defense
  • Professional Liability Defense
  • Property & Casualty Defense
  • First Party Property Defense
  • Real Estate Agents/Appraisers Liability Defense
  • Representation in licensing matters
  • Sureties and Fidelity Carriers Representation
  • Representation in malpractice claims
  • Risk management

About Professional Malpractice & Insurance Defense

Neubert, Pepe & Monteith’s Professional Malpractice & Insurance Defense lawyers are well-equipped to advise and represent clients in matters of personal, commercial and professional liability. Our practice areas include the following.

Property & Casualty Defense

Neubert, Pepe & Monteith has extensive experience defending homeowners, businesses, municipalities, and condominium associations from a variety of lawsuits. Lawsuits include premises defect, negligent security and supervision, dog bites, dram shop, food poisoning, and construction-related accidents. We often retain reputable experts including engineers, physicians, and economists to defend against complex claims.

First Party Defense

Neubert, Pepe & Monteith’s lawyers have significant experience defending first party property claims. They conduct investigations of such claims, including working with expert witnesses as part of the investigation team. Our lawyers conduct Examinations Under Oath and litigate first party claims in both state and federal court.

Insurance Coverage

Neubert, Pepe & Monteith’s insurance defense attorneys provide knowledgeable and cost-effective counsel to insurers regarding claims arising under a variety of policies and coverages. These include CGL, professional liability, E&O, liquor liability, homeowners, D&O, and excess/umbrella policies. Our attorneys represent insurers in declaratory judgment actions, bad faith claims, and unfair trade and insurance practice claims.

Professional Liability Defense

The firm's Professional Liability Defense attorneys work in conjunction with our other extensive practices. In particular, the Commercial Litigation, Healthcare Law, Medical Malpractice & Hospital Liability Defense, and Construction Law & Design Professionals Liability groups. Together the firm represents professionals and organizations in various industries before licensing boards and in other administrative matters concerning ethics and professional conduct. Our clients include healthcare professionals, architects and design professionals, real estate agents, insurance agents, engineers, and attorneys. Indeed, Neubert, Pepe & Monteith is well-versed in the rules and regulations confronting professionals, as well as the procedural methods needed to defend against claims of malpractice and professional liability. As professionals who face liability in our own work, we understand the importance of an aggressive defense to secure the continuation of your career and the success of your business.

Directors & Officers (D&O) Liability Claims

Insurers frequently retain the firm to defend suits against directors and officers of businesses, community organizations and condominium associations. Representation also includes the defense of Board members sued for negligent acts, omissions, misleading statements, embezzlement, and negligent hiring and supervision.

Motor Vehicle Liability Defense

At Neubert, Pepe & Monteith, we aggressively defend suits brought by those seeking damages arising from motor vehicle accidents. We have extensive experience and knowledge to enable us to combat exaggerated and unsupported claims for medical damages. Firstly we quickly identify the critical issues in any case. We then create a plan of action on liability and damages to achieve a cost-effective resolution. Sometimes that resolution is through quick settlement, which some cases must be resolved through trial to verdict. Our handling of these claims, in conjunction with our insurance coverage practice, has also given our team considerable experience with uninsured and underinsured motorist (UM/UIM) issues. We will provide you with skilled counsel to guide your claims process and defend any accident claim with steady assurance.

Sureties and Fidelity Carriers Representation

A surety bond guarantees that a legal obligation will be performed. In the case of construction bonds, a surety guarantees to the project owner that a project will be completed, and subcontractors will be paid. A surety that issues a subdivision bond guarantees to a municipality that a developer will install the necessary infrastructure for a residential or industrial development project. A surety issuing a probate bond guarantees that a fiduciary for a decedent estate or a conservatorship will not steal the estate’s assets and otherwise properly perform his or her obligations to the probate estate.

Though sureties typically pay damages for breaches under their bonds, they may also decide to complete performance, such as retaining contractors to complete a bonded project. Counsel for a surety evaluates coverage issues, litigates defenses to coverage, negotiates settlements of claims including the completion of construction projects, and seeks to recover damages from persons responsible for the surety’s losses. Fidelity or commercial crime insurance primarily affords insurance coverage for employers for losses incurred because of thefts by their employees. Counsel for a fidelity carrier evaluates and litigates coverage issues.