Benjamin R. Messing is an experienced litigator and counselor who regularly advises his clients on various business and insurance matters. He began his legal career clerking for an Appellate Division Judge in New Jersey who was responsible for the statewide handling of all of the complex automobile insurance fraud cases. From there, Mr. Messing went into private practice and has personally handled a wide variety of insurance coverage litigation (both prosecution and defense) involving different lines of insurance, including residential property, commercial property, inland marine, builder’s risk, commercial general liability, general liability, professional liability, crime and fidelity, employment liability, directors and officers, errors and omissions, excess and umbrella, and specialty environmental.
Mr. Messing regularly asssits and guides insurers during their pre-suit coverage investigations with complex coverage issues involving underwrting, policy formation and delivery, staged losses, arson, enhanced losses, fraud and other misconduct, as well as the litigation and defense of extracontractual claims. In addition, he has experience in drafting policy forms and endorsements adopted and implemented by insurer clients in both personal line and commericial line policies. Mr. Messing is a frequent presenter on topics pertaining to coverage, fraud investigations and claims handling.
Mr. Messing also has past experience with private civil litigation matters in both Pennsylvania and New Jersey dealing with business disputes, real estate disputes, corporate disputes, commercial financing transactions, debt collection, employment disputes, personal injury, EFTA claims and environmental claims.
- New Jersey
- U.S. District Court
- District of New Jersey
- Eastern District of Pennsylvania
- Middle District of Pennsylvania
- Temple University James E. Beasley School of Law – J.D.
- Carnegie Mellon University – B.S.
- University Honors, College Honors
- Kunsman v. Metro. Direct Prop. & Cas. Ins. Co., NO. 17-4619, 2018 U.S. Dist. LEXIS 104621 (E.D. Pa. June 21, 2018) (Schmehl, J.) (striking all allegations of UIPA violations as “irrelevant” to whether bad faith occurred)
- Meyers v. Pettinaro Enterprises, LLC, Ches. Co. Com. Pl. (May 2, 2012)
- Mongar v. Windsor-Mount Joy Mut. Ins., Ches. Co. Com. Pl. (March 14, 2011)
- Meridian Mut. Ins. Co. v. James Gilligan Builders, 2009 WL 1704474 (E.D.Pa. June 18, 2009)
- Progressive Insurance v. Hurtado, 393 N.J. Super. 517 (App. Div. 2007)
- F. & A. M., Stichter Lodge, No. 254
- Order of the Eastern Star, Schuylkill Chapter No. 338, Past Patron
- Pi Kappa Alpha, Beta Sigma Chapter
- Pennsylvania Insurers Must Remain Steadfast in Handling Claims: Demonstrating Ill Will or Self-Interest No Longer Can be Required of Policyholders to Prove Bad Faith
- Affirmative Duty to Defend: How the Four Corners Approach Is Modified
- Policy Language Or No, You Can’t Depreciate Labor In Ark, Law360
- Messing, B., Nassi, S. (2016) “Policy Language or No, You Can’t Depreciate Labor In Arkansas,” Law360
- FC&S 2014 Bad Faith Compendium, Contributing Author
- Messing, B., Zumbano, G. (2010) “Technology in the Courtroom: A Double Edged Sword,” The Legal Intelligencer
- Messing, B., Erdek, J. (2008) “Wall Off Your Assets: Building Legal Barriers Against Catastrophic Loss,” Business 2 Business
- Messing, B., Harrison, E. (2005) “Who’s Notice Is It, Anyway?” 180 N.J.L.J. 309
- “Personal Lines – A Twenty-Four Hour Water Loss Mystery,” PLRB Large Loss Conference 2016, October 4 – 6, 2016
- “Bad Faith Arising From Property Claims,” 2014 Property Conference, September 23, 2014
- Advanced Property Topics Panel, 2013 Property and Subrogation Conference, October 24, 2013