Risk Management & Workers' Compensation

Who We Are

The members of Pietragallo's Risk Management Group bring a multi-faceted approach to the issues that face our clients. Our group is comprised of individuals who have expertise in the fields of insurance, workers' compensation, employment and corporate law. Our litigation practice is national in both scope and reputation. This experience enables our group to reduce risk exposure and the cost of risk for our clients.

What We Do

The Risk Management Group works with clients in industries where risk is a major cost component and where effective management of risk increases profitability. Working in concert with best-in-class vendors, we increase the financial performance of each client's Risk Management program, manage losses to mitigate financial exposure, reduce total insurance costs and assist with the creation of alternative risk transfer vehicles.

Our group has created and implemented customized practices that are employed by our clients, their insurers, third-party administrators, brokers, lawyers and physicians. These practices yield better investigations, management and resolution of claims. Our efforts keep small losses from becoming large and large losses from becoming catastrophic.

We have successfully litigated coverage and premium disputes for our clients and have successfully defended insurers for alleged E&O liabilities. Our group has reduced costs to clients through successful class code litigation.

Members of our group have served as experts in state and federal courts in litigation involving claims handling errors and insurance coverage issues. Insurance departments consult us as experts on risk.

We counsel employers on how to reduce exposure in the setting of employment liability. Members of our group address issues such as discrimination claims, privacy and monitoring issues, wage and hour disputes and hiring and firing practices. Likewise, we assist our clients with the preparation of employee manuals and personnel policy development; all designed to reduce the risk of litigation and the costs associated therewith.

Our group assesses the viability of portfolio transfer for our clients in the settings of merger and acquisition. We value potential pre-existing liabilities for successor companies.

Members of our Risk Management Group are involved in forming captive insurance companies and other alternative risk transfer vehicles. Many of our clients have entered into alternative risk transfer arrangements with spectacular cost savings.

Our Risk Management Group has been retained by the world's leading brokers to assist with the organization and representation of group captive insurance companies in an array of industries.

Our Risk Management Group is unique. Our multi-faceted approach provides program oversight, specialized commercial litigation and alternative risk transfer solutions to reduce the cost of risk for our clients.

Program Oversight

  • Insurance coverage analysis and consultation, recommendation of innovative Risk Management solutions
  • Creation, implementation and oversight of "best practices" to be employed by our clients' vendors - their carriers, third-party administrators, brokers and lawyers
  • Effective and efficient management of casualty programs
  • Assessment of the viability of portfolio liability transfers for clients who are acquiring or selling companies
  • Counsel and training to employers to reduce employment and corporate liability exposures
  • Management and oversight of run-off programs

Specialized Commercial Litigation

  • Premium dispute litigation in loss-sensitive programs
  • Class code litigation
  • Collateral disputes
  • Insurance company errors and omissions claims
  • Commercial disputes involving contract interpretation and insurance coverage
  • Insurer insolvency proceedings
  • National litigation counsel for many Fortune 100 companies

Alternative Risk Transfer Solutions

  • Formation of captive insurance companies and other alternative risk transfer vehicles
  • Analysis of the viability of alternative risk transfer vehicles
  • Analysis of securities, tax, estate planning and corporate governance issues
  • Policy interpretation and coverage analysis
  • Domicile analysis
  • Drafting and review of the required documentation including securities offering documents and related shareholder and subscription agreements, policy forms, reinsurance agreements and corporate documentation
  • Estate planning opportunities for the shareholders of captive insurance companies

Workers' Compensation

The attorneys of our workers' compensation practice represent self-insureds, third-party administrators and workers' compensation carriers. Our clients include some of the largest private and public employers in Pennsylvania, Ohio and West Virginia.

Our attorneys litigate claims both in state and federal forums before administrative law bodies such as state-level Workers' Compensation Judges and the Federal Administrative Law Judges. We have been instrumental in setting precedent in the Commonwealth Court of Pennsylvania, Pennsylvania Supreme Court and the Third Circuit Court of Appeals.

A key focus of our attorneys is the federal Black Lung Benefits Act, as black lung is a prominent workers' compensation issue in our states of practice. In addition to representing clients on such matters in the courts and forums of Pennsylvania, Ohio and West Virginia, we also appear before Federal Administrative Law Judges in federal black lung claims throughout the eastern United States.

Our expertise is widely recognized as we are frequently requested to participate as lecturers in workers' compensation issues to other lawyers, employers, third-party administrators, insurance carriers, brokers and business people. In addition, four of our practice's attorneys are included in The Best Lawyers in America, widely regarded as the preeminent referral guide to the legal profession in the United States.



Mark Gordon