Colleen M. Murphy

Colleen also successfully defends third-party administrators, trust administrators, independent adjusters, engineers, financial professionals, accountants, IRS enrolled agents (EA) and tax preparers, real estate agents and brokers, and miscellaneous professionals in E&O lawsuits. She also has a significant amount of experience representing brokers in FINRA arbitrations involving securities-related claims, including those alleging unsuitable investment recommendations, improper sales practices, negligent supervision, churning, breach of fiduciary duty, and breach of contract.

Colleen represents debt collectors (including student loan debt collectors) and other entities in the debt business in a range of professional liability claims and class-action lawsuits brought under the FDCPA. Her experience includes defending clients against claims arising from debt and student loan collection letters and other actions alleged to harass, oppress, or abuse consumers. Backed by the full strength of the firm’s deep-benched Class Action Litigation practice, Colleen has worked with clients from the outset of a matter to assess the potential risks and costs, and has created strategies aimed at achieving early positive outcomes, while remaining prepared to defend cases through trial and appeal if necessary.

Colleen has represented and advised clients across the nation in their relations with regulatory authorities, including the insurance departments of New York, Pennsylvania, Connecticut, New Jersey, California, Arizona, South Carolina, Georgia, and other states. Her victory in the landmark case of Lee v. State of New York Insurance Department, 222 AD.2d 1050 (4th Dept.1995), highlights her experience defending insurance agents before insurance regulatory authorities. In this case, Colleen successfully stopped the New York State Insurance Department from acting outside the scope of its investigational authority and prevented it from ordering the insurance agent to appear before it and to submit to questioning in the presence of a disgruntled agency customer with respect to a consumer complaint.

Colleen has successfully defended hundreds of insurance agents and brokers—including Top 10 insurance agencies and brokerages and agencies associated with banks—in E&O litigation across New York State. She is routinely appointed E&O counsel of choice by E&O carriers at the request of major insurance agencies.

• Quoted in “Student Debt Collection Businesses Face Looming Shortfalls,” Buffalo Business First, May 12, 2020
• “Dissecting A Prominent #MeToo Securities Case,” Professional Liability Magazine, Winter 2020
• “Exhibit A” Against an Agency in E&O Lawsuits, Professional Liability Magazine, Winter 2020
• “A Word to the Wise for Insurance Agents and Brokers Who Are Asked to Hold Off on Reporting Claims: There’s Danger in Delay,” Professional Liability Magazine, Summer 2020
• Profiled in “Influential Women in Re/Insurance,” Intelligent Insurer, December 2018
• “Drones and the Law: Emerging Issues Surrounding the Use of Drones by Architects and Engineers” (Co-Author), Professional Liability Matters, September 2017
• Profiled in “Influential Women in Re/Insurance,” Intelligent Insurer, Summer 2017
• “How to Swim When Insurers Sink” (Co-Author), Primary Agent, May 2015
• “Staying In or Going Out: The Value of Teamwork Between a Bank’s Inside and Outside Counsel” (Co-Author), Inside Counsel, July 18, 2014
• “Staying In or Going Out When the Government Comes a-Knockin’” (Co-Author), Inside Counsel, June 10, 2014
• “Staying In or Going Out? Identifying Potential Pitfalls for Banking’s In-House Counsel” (Co-Author), Inside Counsel, May 12, 2014
• “Understanding an Agent’s E&O Risks When an Insurer Becomes Insolvent” (Co-Author), Property Casualty 360, April 9, 2014
• Quoted in “NY High Court Chips Away at Broker Liability Shield,” Law360, March 3, 2014
• “Moving Target: State Law Variances Require Agents to Be Diligent With Referral Fees” (Co-Author), American Agent & Broker, August 2013
• Quoted in “Fla. High Court Limits Tort Claims Doctrine In Marsh Suit,” Law360, March 7, 2013
• Quoted in “Ignorance on $1.25M Deductible Isn’t Bliss: Miss. High Court,” Law360, February 25, 2013
• “Fortify Loss Control: N.Y. Ruling Makes It Easier for Insureds to Sue Agents” (Co-Author), American Agent & Broker, February 2013
• Quoted in “Insurance Brokers Should Brace For Sandy Suits After NY Ruling,” Law360, November 26, 2012
• “Social Missteps: Web 2.0 raises risks for defamation, libel, copyright and security breaches” (Co-Author), American Agent & Broker (Avoiding Errors and Omissions Column), November 2012
• “E&O Loss Control for Insurance Agents and Brokers Using Social Media,” March 2011
• “Proactive, Long-term Corporate Crisis Management: The Hunter, The Ostrich, and The Spin Master,” March 2011
• “New Insurance Agent and Broker Rules Regarding Disclosure of Contingent Commissions Which Take Effect in New York January 2, 2011,” Professional Liability Monthly, November 2010
• “How Insurance Agencies and Brokerages Can Benefit From the Upside of Social Networking While Minimizing the Downside of a Possible E&O Risk” (Co-Author), January 2010
• “Photo Inspections – A Continuing Source of Potential E&O Liability”
• “Insurer vs. Insurance Agency E&O Lawsuits: When Your Company Is Not on Your Side” (Co-Author)

• “A Proactive Approach to Avoiding Bad Faith Within the Title Insurance Arena” (Co-Presenter), American Bar Association, New York City, July 19, 2017
• “Updates and Hot Trending Topics Affecting Insurance Coverage — Architects and Engineers,” May 12, 2017
• “Legal Ethics of Cloud Computing Locally,” National Business Institute, December 9, 2014
• Panelist, “Whether and When to Settle,” New York State Bar Association CLE Program — Securities Arbitration and Mediation 2014: Telling Your Story, New York, NY, March 1, 2014
• “What Professionals Should Know About Managing and Insuring Cyber Liability Risk and Defending Those Professionals in the Event of a Claim,” USLAW Fall Client Conference, Washington, D.C., October 4-6, 2012
• “Successfully Defending Insurance Agents in Consumer Complaints Before the State Insurance Department,” USLAW Fall Client Conference, Washington, D.C., October 4-6, 2012
• “E&O Loss Control for Agents and Brokers Procuring Insurance for Owners, Contractors, and Subcontractors,” in-house client seminar, August 15, 2012
• “How Insurance Agencies and Brokerages, Registered Representatives, and Lawyers Can Benefit From The Upside of Social Networking While Minimizing The Downside of a Possible E&O Risk,” USLAW Fall Client Conference, Colorado Springs, CO, October 2010
• “E&O Loss Control for Social Media Networking,” New York, April 2010
• Podcast, “E&O and the Social Web,” Insurance Journal, March 2010 (Click here to listen)
• Presenter for a top-ten broker, “Unfortunate Letters/Emails and Heading Off Potential E&O Claims,” Orange, CA, 2010
• “Best Practices in Managing E&O Exposures and Losses,” CPCU Society, Malvern, PA, May 2009

• “Agency E&O Considerations When Social Networking,”  Agents Council for Technology of the Independent Insurance Agents and Brokers of America, Webinar, May 2010