James H. Cole

Jim is a member of a firm wide, multidisciplinary group - Marshall Dennehey COVID-19 Task Force - created to address and support your real-time legal and business concerns in response to the coronavirus pandemic.

James focuses his practice on representing insurance companies whether that be in pre-litigation consultation or the defense of first party or bad faith lawsuits. James has had a particular interest in Special Investigative Unit and Property Damage claims, including arson, burglaries, public adjuster represented claims, mold/ pollution and automobile thefts. Within his areas of practice, he is experienced in the bad faith and coverage issues inherent in first party/SIU investigations and litigation. Throughout his career, James has assisted with hundreds of SIU investigations, coverage consultations and litigated hundreds of first party lawsuits; and consulted on hundreds of property coverage issues.

James is frequently asked by clients and industry organizations to lecture on a variety of topics concerning property damage, insurance fraud and bad faith. For the past five years, he has been a featured speaker at the annual Pennsylvania Insurance Fraud conferences, and he has spoken several times at PLRB conferences, among others. An active member of the Claims & Litigation Management Alliance (CLM), James sits on the Executive Council for the CLM's Claims College, School of Property, where he has helped to develop curriculum surrounding good faith claims handling and insurance coverage topics.

James is a 1990 graduate of the Indiana University of Pennsylvania. Immediately following graduation, he worked as a claims representative with a large insurance carrier, where for eight years he was involved in the investigation and resolution of property and casualty claims. In 1995, he entered Temple University School of Law while continuing to work full time. James graduated from Temple University in 1999 with a degree of juris doctor. Thereafter, he joined Marshall Dennehey and is currently chair of the firm's SIU Litigation and Property Litigation Practice Groups. His first hand property background, insurance industry knowledge and familiarity with property policies allows him to effectively, efficiently and practically counsel clients on Property and SIU issues, and when necessary provide a vigorous and common sense defense tailored to the needs of a particular carrier.

Honors & awards

AV Preeminent by Martindale-Hubbell

National Insurance Crime Bureau, Certificate of Appreciation, 2010

Year joined

1999

Certifications

Certified Claims Professional in Property Claims, CLM

Associate in Claims (AIC), The Insurance Institute of America

Litigation Management Institute, Graduate 2014 (CLMP)

Results

Home Heating Oil Case Passes the “Product at Issue” Test in Pennsylvania.

Property Litigation
May 11, 2018

We obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania where the court found in favor of the insurance carrier on a breach of contract and statutory bad faith claim filed by its insured. The plaintiff returned from vacation to find that his basement oil tank leaked, causing extensive damage to his home and the soil below the foundation. The plaintiff sued the carrier for improperly denying the claim based on the pollutant exclusion.

Unanimous Defense Verdict in Bucks County Property Litigation Case

Property Litigation
June 8, 2015

Obtained a unanimous jury verdict after a four-week trial in Bucks County, Pennsylvania. The plaintiffs' demand never moved from $9 million throughout the trial. The plaintiff family (mother, father and adult daughter) claimed that their house was contaminated by a common disinfectant solution with the same active chemical composition as Chloraseptic throat spray. The product was applied during a water mitigation by a contractor referred by their homeowners' insurance company.

Thought Leadership

Marshall Dennehey Announces COVID-19 Task Force

COVID-19 Task Force 2020
March 23, 2020
Through this very difficult time, and in response to emerging and uncertain legal developments arising from the coronavirus pandemic, Marshall Dennehey has assembled a firmwide, multidisciplinary task force to advise, address and support your lega

Marshall Dennehey Joins The Coalition Against Insurance Fraud

Fraud/Special Investigation
December 10, 2018
Marshall Dennehey Warner Coleman & Goggin has joined the membership of the Coalition Against Insurance Fraud.

Five Marshall Dennehey Attorneys to Serve as Faculty at the CLMs 2016 Claims College

August 11, 2016
Attorneys James H. Cole, Andrew W. Davitt, Eric A. Fitzgerald, Edward J. McGinn, Jr. and Matthew S.

Five Marshall Dennehey Attorneys to Serve as Faculty at CLM Claims College

August 24, 2015
Attorneys James H. Cole, Andrew W. Davitt, Eric A. Fitzgerald, Edward J. McGinn, Jr. and Matthew S.

Marshall Dennehey to Present Insurance Fraud Seminar

Fraud/Special Investigation
May 16, 2014
The Casualty Department of Marshall Dennehey Warner Coleman & Goggin will hold a complimentary seminar, Insurance Fraud 360, on Thursday, June 5, 2014, from 11:30 a.m. - 4:30 p.m.

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On the Pulse...The Insurance Coverage/Bad Faith Litigation Practice Group Is Now the Insurance Services Practice Group

Philadelphia - Headquarters
Fort Lauderdale
Insurance Services
December 1, 2019
Through the years, our firm’s Insurance Coverage/Bad Faith Litigation Practice Group has evolved into a full-service insurance litigation solution for national and global insurance carriers. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Legal Updates for Coverage and Bad Faith

Harrisburg
Insurance Services
February 9, 2019
Edited by Allison L. Krupp, Esq.

Legal Updates for Coverage and Bad Faith

Harrisburg
Insurance Services
January 31, 2019
edited by Allison L. Krupp, Esq.Claims dismissed in absence of evidence of residency Gerow v. State Auto Prop. & Cas. Co., 3:17-cv-203 (W.D. Pa. 2018)

On the Pulse...Our Fraud/Special Investigation Practice Group

Philadelphia - Headquarters
Fraud/Special Investigation
June 1, 2018
Defense Digest, Vol. 24, No. 2, June 2018By James H. Cole, Esq. Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Much Ado About Marring

Philadelphia - Headquarters
Property Litigation
January 2, 2014

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Classes/Seminars Taught

New Techniques - Old Fraud - Staying One Step Ahead of Fraudulent Contractors, Speaker, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2019

This is Jeopardy! The Pennsylvania Unfair Claims Practices Act, Pennsylvania Association of Mutual Insurance Companies (PAMIC) Annual Claims Summit, Gettysburg, PA, April 10, 2019

Mock Examination Under Oath: Theft Loss, PLRB Claims Conference & Insurance Services Expo, Indianapolis, IN March 2019

Good Faith Claims Handling, CLM Claims College School of Property - Coverage Level 2, Baltimore, MD, 2018

Property Insurance Fraud Update: Real Housewives Edition, Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June, 2018

Unfair Insurance Practices Act and Strategies for Claims Handling, PLRB Claims Conference & Insurance Services Expo, Orlando, FL, April, 2018, Co-presenter

Cooperative Investigations: The Necessities and Pitfalls of Information Sharing, Pennsylvania's 2018 Insurance Fraud Conference, Hershey, PA, April, 2018

Bad Faith in Property Litigation: The Good, The Bad and the Ugly, 2017 NAIIA National Conference, St. Thomas, June 2017

Cooperative Investigations: The Necessities and Pitfalls of Information Sharing, Pennsylvania's 2017 Insurance Fraud Conference, Hershey, PA, April, 2017

Dealing with Jokers? How and When to Play the Rescission Card, Pennsylvania's 2017 Insurance Fraud Conference, Hershey, PA, April, 2017

It's Jeopardy! An In-depth Look At The Unfair Claims Act, PLRB Claims Conference & Insurance Services Expo, Boston, MA, March 2017, Co-presenter

#Water Is The New Arson , Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June, 2016

Mock Examination Under Oath: Theft Loss, PLRB Claims Conference & Insurance Services Expo, San Antonio, TX, April 2016

Managing the Irrational Claimant - a Psychological & Legal Perspective, Pennsylvania's 2016 Insurance Fraud Conference, Hershey, PA, April, 2016

It's Jeopardy! An In-depth Look At The Unfair Claims Act, Client Presentation, Omaha, NE, March, 2016

Cooperation with Law Enforcement, ICAC Webinar, November 2015

Appraisal and Recent Trends in Bad Faith Law, Marshall Dennehey Client Seminar, April, 2015

Property Overview: 3Ms - Marring, Matching, Misrepresentation,New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2014

Property Overview: 3Ms - Marring, Matching, Misrepresentation,Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June, 2014

Coverage C: Tools to Ensure Payment of Legitimate Content Claims, Marshall Dennehey Client Seminar, May, 2014

Cooperative Investigations-The Necessity and Pitfalls of Information Sharing, 2014 Pennsylvania Fraud Insurance Fraud Conference, Hershey, PA, April, 2014

Streamlining the Process and Controlling the Cost of Large-Scale Ring Cases, IFM - 2014 Insurance Fraud Management Conference, Amelia Island, FL, March 2014

Auto Repair Fraud, Moderator, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2013

Towing and Auto Body Fraud, IASIU's 28th Annual Seminar and Expo on Insurance Fraud, Atlanta, GA, September 2013

Investigating Suspicious Wind and Hail Claims, Pennsylvania Association of Mutual Insurance Companies (PAMIC) Annual Claims Summit, Gettysburg, PA, April 3, 2013

Body Shop and Towing Fraud, Pennsylvania Insurance Fraud Prevention Authority Annual Conference, Hershey, PA, April 1-2, 2013

Effectively Managing Complex and Emerging Issues, 2012 NJSIA 22nd Annual Fraud Seminar, Atlantic City, NJ

The Importance of a Complete and Thorough Investigation, 2012Marshall Dennehey Insurance Fraud Perspectives Seminar, Cleveland, OH

Recent Trends in Auto Body & Towing Fraud - Enhanced Damage and Reconstructed Titles, 2012Marshall Dennehey Insurance Fraud Perspectives Seminar, Lafayette Hill, PA

Managing Public Adjuster Issues, 2012 IFMC - Insurance Fraud Management Conference, Phoenix, AZ

Proper Interaction and the Role of the Public Adjuster During an Arson Investigation, 2012 ICAC - National Arson Training Seminar, Las Vegas, NV

Insurance Fraud, 2011 ACFE Conference, San Diego, CA

Litigation Strategies for Combating Fraudulent Hail Claims, 2011 Pennsylvania Fraud Conference, Hershey, PA

Managing the Public Adjuster Process, 2011 IFM Conference, Amelia Island, FL

Homeowner Fraud, 2010 NJSIA Conference, Atlantic City, NJ

Civil Litigation Strategies for Combating Fraudulent Hail Claims, 2010 NICB Hail Fraud Awareness Conference, West Deptford, NJ

The Importance of a Complete Investigation, 2010 Combating Insurance Fraud Conference, Conshohocken, PA

Public Adjusters an SIU Perspective, 2010 IASIU Conference, Orlando, FL

Public Adjusters An SIU Perspective, 2010 Pennsylvania Fraud Conference, Gettysburg, PA

SIU and the Public Adjuster Represented, 2009 IASIU Conference, Palm Desert, CA

Cooperative Arson Investigations, 2009 PLRB Conference, Seattle, WA

Property Claims Overview, 2008 PAMIC Conference, Harrisburg, PA

Investigating Fraudulent Claims and Reporting Requirements, 2006 IASIU Conference, La Quinta, CA

Application Fraud; PIP Fraud; Automobile Theft Fraud; Medical Fraud; Special Disaster Fraud; Arson Investigations and Bad Faith, local and national presentations to clients