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Brian T. Guthrie

Of Counsel 

Office:  Philadelphia, PA

bguthrie@mattioni.com

Federal Reserve Bank Building

100 North Independence Mall West

Suite 5A NW

Philadelphia, PA  19106-1559

215-629-1600 (T)
215-923-2227 (F)

 

    Mr. Guthrie, with nearly forty years experience at the bar, focuses on dispute resolution involving the insurance industry. He also counsels lawyers and law firms to achieve success by recognizing that competence and integrity are not only personally rewarding, but also make good business sense.

    Mr. Guthrie’s experiences include partnership in a major law firm, as a senior lawyer in a major multinational corporation, and serving in the Philadelphia City Solicitor’s Office.

    Since the mid-1980's he has concentrated in insurance law having litigated business disputes including anti-trust, RICO, class actions, insurance coverage, bad faith, reinsurance and insolvency. As corporate counsel, he managed a litigation department providing strategy and direction to outside counsel in jurisdictions throughout the United States. As counsel of record he has represented national and regional insurers for many years.

    Mr. Guthrie is a peer reviewed, AV rated attorney in legal ability and ethical standards. He is listed in the 2012 "Philadelphia’s Top Lawyers, The Definitive Guide to Legal Representation in Philadelphia".

 Representative Matters:

•   Secured dismissal of insurer in alleged class action brought by health care providers in New Jersey state court regarding physician reimbursement rates. Argued and affirmed on appeal.

•   Obtained injunction and several million dollar judgment in Tennessee federal court for life insurer suing former agent to stop fraudulent "Ponzi scheme". Defended insurer and favorably resolved related matter in Tennessee state court brought by agent’s defrauded customers.

•   As appellate counsel for insurer successfully upheld summary judgement denying first party insured’s claim for multiple limits under a fidelity bond. Matter argued and affirmed in the Pennsylvania Superior Court and affirmed by the Pennsylvania Supreme Court.

•   Litigated and secured favorable settlement for insurer regarding first party bad faith suit in South Dakota state court.

 •   Secured voluntary dismissal with prejudice and no payment on behalf of insurer in Maryland state court suit arising out of property claim handling practices.

•   Successfully negotiated on behalf of insurer the resolution, without payment, of compliance action brought by Pennsylvania Insurance Department.

 •   Advised insurer regarding veterinarian professional liability insurance coverage arising out of agribusiness livestock losses.

•   Successfully represented insurers in defending against excessive discovery demands in federal and state courts.

•   Devised creative litigation methodology for proving reasonableness of insurer claim payments challenged by auto repair shops.

 •   Obtained judgment in favor of major oil company against franchisee retail-dealer under the federal Petroleum Marketing Practices Act. Matter affirmed right of refiner to non-renew franchisee for excessive customer complaints. Tried in Pennsylvania federal district court and upheld by Third Circuit Court of Appeals.

•   Successfully resolved federal Petroleum Marketing Practices Act lawsuit on behalf of wholesaler-franchiser. Retailer-franchisee had sued in Delaware federal court alleging that proposed increased rent during new lease term violated the law.

•   Secured dismissal of Texas auto parts distributor in Philadelphia Common Pleas Commerce Court for lack of jurisdiction. Later mediated resolution of dispute involving I/S services contract.

 •   Successfully represented major refiner and petrochemical manufacturer as legislative counsel in regards to New Jersey’s Worker and Community Right to Know Act, the first of its kind in the United States. Selected by the bill’s Senate sponsor to serve as industry representative on select study committee.

•   Successfully represented major oil company as legislative counsel in effort to repeal Florida’s worldwide unitary combination tax.

•   Responsible as corporate attorney addressing all law firm requests for consent to conflicts of interest. Also served as member of legal ethics committee.

•   Testified in Texas state court regarding motion to disqualify counsel which involved the Texas attorney ethics rules.

•   Served as member of the Committee for Professional Guidance of the Philadelphia Bar Association.

     

Practice Areas:

  • Business and Finance
  • Civil Litigation
  • Insurance

Education:

  • Temple University School of Law, J.D., 1973
  • Temple University, B.B.A., 1969   

Bar Admissions: 

  • Pennsylvania, 1973
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Eastern District of Tennessee
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Federal Circuit

Professional Affiliations:

  • Federalist Society for Law & Public Policy