Marsh USA - Matcon broker malpractice litigation

MWCC represents Marsh USA Inc., the largest insurance broker in the United States, in broker-malpractice litigation filed against Marsh by MatconUSA, LP in the United States District Court for the Western District of Washington.

Matcon’s original lawsuit, filed in November 2019, was against only its liability insurer, Houston Casualty Company, in a dispute involving an Owner Controlled Insurance Program (“OCIP”) relating to property damages allegedly caused by Matcon while working as a subcontractor on a construction project in Seattle, Washington. In July 2020, Matcon amended its complaint to add Marsh as a defendant. The trial court granted Marsh’s motion in limine and dismissed Matcon’s claims in August 2022 (a week before trial) after Marsh argued that that Matcon’s failure to identify a standard-of-care expert precluded Matcon’s claims as a matter of law. The case is now on appeal.

The defense of this case is important to protect brokers like Marsh, which served only as the “administrator” of the OCIP, from liability arising from the insurance company’s alleged failures to defend or indemnify OCIP-enrolled insureds. Matcon alleges over $5.2 million in damages against Marsh.

The case is MatconUSA LP v. Houston Casualty Company, et al.
US District Court for the Western District of Washington Case No. C19-1952JLR-TLF