Daniel P. Finegan

Dan is the Vice-Chairman of the Catastrophic Loss Group at Obermayer. He represents insurers, businesses, and local governments in civil actions in both state and federal courts. Dan has extensive experience litigating complex personal injury claims involving catastrophic injury and death, as well as professional liability claims, sexual assault claims, employment-related claims, and claims for property damage and economic loss. He also counsels clients regarding regulatory compliance and loss avoidance.

Dan addresses and handles all stages of these matters, including: post-loss investigation (to preserve and evaluate pertinent information and evidence); pre-suit/claim proceedings; after commencement of suit (to confirm applicable defenses, conduct discovery, and coordinate expert evaluations); pre-trial proceedings (for dismissal of claims or preclusion/limitation of evidence); mediation; arbitration; trial; and appeal.

Dan’s work for clients includes:

• evaluation of coverage and insuring agreements, and preparation of opinion letters and reservation of rights letters;
• investigation of claims and underlying losses via examinations under oath, preservation of information and evidence, and coordination with investigating authorities and experts;
• representation in declaratory judgment proceedings, including confirmation that there is no obligation to defend or indemnify regarding a loss or that others must do so;
• defense of professional liability claims, including medical, psychological and social work professionals;
• defense of sexual assault claims, including claims asserted by minors;
• defense of civil rights claims asserted under state and federal law;
• defense of claims for uninsured/underinsured motorist benefits;
• defense of claims alleging bad faith and failure to honor coverage obligations;
• defense of claims against religious, charitable, and philanthropic organizations and their officers and directors regarding alleged breach of duties and unauthorized use or disposition of assets; and
• subrogation recovery for property damage and economic loss related to fires, flooding, and technology failures.

In his free time, Dan enjoys spending time with his family, traveling, playing tennis, swimming, and landscaping (in that order).

Having tried more than 50 cases to verdict, Dan has the experience necessary to ensure that losses are properly investigated and claims are evaluated at an early stage. He works with clients to establish that an agreed-upon strategy is in place and followed, which always includes cost-saving steps and assessment for potential early resolution.

Dan has successfully defended clients in claims and actions alleging:

• professional liability;
• sexual assault;
• negligent operation/entrustment of autos, trucks, planes and aviation equipment, and construction vehicles and equipment;
• product failure or malfunction involving autos, commercial vehicles and equipment, manufacturing equipment, and consumer goods;
• negligence/product failure or malfunction related to fires and explosions;
• negligent inspection, maintenance or operation of facilities, including hotels/motels, swimming pools and recreational facilities, schools, campgrounds, manufacturing plants and retail businesses;
• negligent service of alcohol;
• violation of civil rights, under state and federal law; and
• violation of consumer protection and unfair trade practice laws.

Some of Dan’s more notable cases include:

• trial dismissal of sexual assault claims against social work professionals, asserted by a minor, in which the jury subsequently awarded damages of $5.35 million against a remaining defendant;
• pre-trial dismissal of product liability claims in excess of $10 million against a manufacturer and distributor of roofing products, asserted by a worker who fell from a roof and sustained spinal injuries and paralysis;
• pre-trial dismissal of negligence/premises liability claims in excess of $12 million against an airport owner/operator, asserted by a contractor who sustained spinal injuries and paralysis due to a jet blast from an aircraft;
• successful defense of claims asserted by a national retailer insured against its workers compensation insurer, alleging negligence, bad faith, and professional liability related to handling and adjustment of claims; and
• numerous pre-trial dismissals and defense verdicts at trial regarding claims against businesses and local governments and their employees asserting negligent operation of vehicles and equipment, product failure or malfunction, negligent inspection or maintenance of facilities, professional liability, and negligent service of alcohol.

Dan joined Obermayer in 1985 and chairs the committee that oversees evaluation and professional development/training of associates and paralegals in the firm.

Dan also serves as a volunteer with Habitat for Humanity and Project HOME, a Philadelphia-based social service agency empowering persons to break the cycle of poverty and homelessness through affordable housing, employment, health care, and education.

Awards Won*

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