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Allan C. Molotsky

Allan Melotsky

Contact Info

P 267-457-4568
amolotsky@fhmslaw.com

Philadelphia Office
2000 Market Street, Suite 550
Philadelphia, PA 19103

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Education

  • University of Pennsylvania (B.A. in Political Science, 1970)
  • Northeastern University School of Law  (J.D. 1978)

Bar Memberships

  • Pennsylvania, 1978

Court Admissions

  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. Court of Appeals, Third Circuit
  • U.S. Supreme Court

Affiliations

  • Pennsylvania Defense Institute
  • Pennsylvania Bar Association

Allan Molotsky is a partner in the firm’s Insurance Coverage and Bad Faith Department. His extensive experience in a broad range of insurance related issues includes more than 80 reported decisions as well as an equal number of unreported decisions. His work spans both state and federal trial courts, as well as numerous appellate courts in a variety of jurisdictions.

Mr. Molotsky frequently deals with issues on a wide range of industries, including transportation, construction, general liability and professional services. He provides advice on coverage issues and contract construction to a wide variety of insurers and brokers. He is a frequent lecturer on coverage issues to his clients and to broad-based industry groups. He is also the author of articles on Insurance Coverage, including a manual on “A Guide to Understanding Commercial General Liability Policies” and a guide to “Third Party Insurance Coverage in Pennsylvania.”

Mr. Molotsky also served as a hearing Committee member of the Disciplinary Board of the Supreme Court of Pennsylvania from 2008 through 2015. He has been awarded the AV Rating in the Martindale-Hubbell Peer Review Rating and,since 2006, he has been recognized by his peers as a Pennsylvania Super Lawyer.

  • In Erie Insurance Exchange v. Abbot Furnace, 2009 Pa. Super 88 (Pa. Super 2009), the court ruled that, since the claims against the insured arose out of the failure of the insured to comply with contractual specifications, the gist of the dispute was in contract, thus precluding liability coverage.
  • In Eckman v. Erie Ins. Exchange. 2011 Pa. Super 87 (Pa. Super 2011), the court found that the mere issuance of a reservation of rights did not require the insurer to pay for the insured’s choice of counsel.
  • In Westfield v. Rustic Exteriors, Inc., 2013 U.S. Dist. Lexis 90923 (E.D. Pa. 2013), the court held no occurrence existed where the subcontractor’s faulty workmanship needed to be replaced.
  • In Erie Ins. V. Palmer, 2013 Phila. Ct. Com. Pl. 198(2013), the court ruled that only a single property liability insurance policy applied, and that coverage under policies for other properties were not triggered.
  • In Westfield Ins. Co. v. Granese, 2011 U.S. Dist. Lexis 11118 (E.D. Pa. 2011), the court found that no coverage existed for a claim of assault.
  • In Economy Premier Assur. Co. v. Fairfull, 2010 U.S. Dist. Lexis 15760 (W.D. Pa. 2010), the court determined that no liability coverage existed for an injury resulting from a childcare center located at the insured’s home.
  • In Westfield Ins. Co. v. Holland, 2008 U.S. Dist. Lexis 103269 (E.D. Pa. 2008), the court found no coverage existed for a sexual assault claim.
  • In Plasticert, Inc. v. Westfield Ins., 2007 Pa. Super 124 (Pa. Super. 2007), the court ruled that the business risk exclusions precluded coverage to replace the insured’s product.
  • In Amer. Home Assur Co. v. Church of Bible Understanding, 2006 U.S. Dist. Lexis 63859 (E.D. Pa. 2006), the court determined that the insurer properly rescinded its workers compensation policy due to the insured’s misrepresentation on the application.
  • In Cresswell v. USF&G, 2003 Pa. Super. 90 (Pa. Super 2003), the court agreed that a claim for negligent construction did not fit within a builders risk policy.