Richard F. McMenamin

Senior Counsel

Richard F. McMenamin is a senior counsel in Morgan Lewis's Litigation Practice. Mr. McMenamin's commercial litigation practice includes regularly litigating insurance coverage disputes and counseling clients on coverage issues.

Mr. McMenamin has experience in many types of coverage disputes, including environmental, asbestos, and other toxic torts under general liability policies; coverage disputes under hull and liability, workers compensation, and war risk policies for commercial airlines; bad faith litigation; professional liability and directors and officer’s liability matters; coverage issues resulting from sexual harassment and employment discrimination claims; construction related disputes on behalf of owners and contractors under contractors all risk policies; coverage issues in insurance liquidations, including claims against guaranty associations; and auditing corporate insurance programs to ensure placement of proper coverages.

Mr. McMenamin also speaks and writes on insurance law issues. He has served as a course planner for the Pennsylvania Bar Institute’s Annual Insurance Law Institute, and as a volunteer attorney for the Support Center for Child Advocates where he has been a court-appointed attorney for abused and neglected children. Mr. McMenamin is a former member of the board of directors of Special Olympics Pennsylvania, one of the largest chapters of Special Olympics International, and he continues to represent the organization in a variety of legal matters.

Mr. McMenamin is admitted to practice in Pennsylvania and before the U.S. Courts of Appeals for the Third, Fifth, Sixth, and Federal Circuits and the U.S. District Court for the Eastern District of Pennsylvania.

representative matters

• D&O liability insurance claims totaling $90 million on behalf of an officer of a major insurance company.
• D&O liability claims of a major bank totaling in excess of $25 million.
• D&O liability insurance claims in excess of $15 million for a worldwide provider of customer management relationship services.
• Malpractice liability coverage claims totaling over $50 million for a publicly traded hospital management company.
• Liability insurance coverage claims of one of the largest commercial airlines in excess of $100 million arising out of the September 11 tragedy.
• Numerous multimillion dollar claims against state guaranty associations on behalf of large commercial insureds.
• A claim for a national hospital management company for Katrina losses in the hundreds of millions.
• Asbestos coverage claims of a major oil company that resulted in a favorable coverage ruling from the U.S. Court of Appeals for the Third Circuit.
• The multimillion dollar claims of a major media company for direct access to reinsurance in the Reliance liquidation that resulted in a favorable summary judgment in Pennsylvania Commonwealth Court.
• Claims of a national trucking company for direct access to reinsurance from Legion Insurance that were accepted by the estate.
• Asbestos coverage claims of a Pennsylvania-based holding company with national operations that resulted in obtaining millions in additional coverage.
• Claims of a Pennsylvania manufacturer of medical products for coverage against business tort claims that defeated the insurer's claim to recoup indemnity and avoid paying reasonable attorneys' fees.

representative decisions

• In the Matter of The Liquidation of Integrity Insurance Company (N.J. Super. June 10, 2008)
• PhotoMedex, Inc. v. St. Paul Fire & Marine Ins. Co., 2008 WL 746836 (E.D.Pa. March 20, 2008)
• PhotoMedex, Inc. v. St. Paul Fire & Marine Ins. Co., 2008 WL 324025 (E.D.Pa. Feb. 6, 2008)
• Joel S. ARIO v. Swiss Reinsurance American Corporation and Tribune Company (Commw.Ct. Pa., Dec. 21, 2007)
• Sunoco, Inc. v. Illinois National Ins. Co., 2007 WL 295267 (3rd Cir. Jan. 31, 2007)
• Sunoco, Inc. v. Illinois National Ins. Co., 2005 WL 2562776 (E.D.Pa. Oct. 12, 2005)
• Universal Health Services, Inc. v. Pennsylvania Property and Casualty Insurance Guaranty Association (Superior Ct.Pa., Sept. 26, 2005)
• ICT Group, Inc., et al. v. Federal Insurance company , et al. (Cir. Ct. Berkley County, WV, Aug. 23, 2005)
• M. Diane Koken v. Villanova Insurance Company, et al. (Supreme Ct. Pa. July 19, 2005)
• M. Diane Koken v. Legion Insurance Company (Commw.Ct. Pa. June 26, 2003)