Southmont council hires independent legal counsel as insurance company denies coverage - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
May 6, 2026 Newswires
Share
Share
Post
Email

Southmont council hires independent legal counsel as insurance company denies coverage

Russ O'Reilly, The Tribune-Democrat, Johnstown, Pa.Tribune-Democrat

JOHNSTOWN, Pa. – The Southmont Borough Council has hired defense attorneys as it is among dozens of defendants subject to a class-action lawsuit seeking damages for all residents who’ve paid out-of-pocket expenses to repair sewer lines in the Johnstown area.

The council voted to hire independent legal counsel during a special meeting Tuesday because its insurance carrier, Selective Insurance, is denying the borough coverage in the class action, borough Solicitor Eric Hochfeld said.

After a series of recent correspondence with Selective Insurance, the company has denied providing the borough with legal defense in the class action, Hochfeld said.

Hochfeld advised the council to hire a law firm from Pittsburgh to handle the borough’s defense in the class action while he explores taking Selective Insurance to court over breach of contract under the borough’s insurance policy.

Hochfeld said he would file a declaratory judgment action against Selective Insurance, asking the court to determine whether the insurance company has a duty to defend Southmont in the class action.

“Based on initial review, I think we have a viable claim,” he said.

If the borough makes a claim against Selective Insurance and is successful, then the insurance company would have to provide defense on behalf of Southmont in the class action and also cover monetary damages that may result from the class action, Hochfeld said.

But while the borough plans to file a declaratory judgment against Selective Insurance, Hochfeld stressed that “we still have to address the class action lawsuit, so the borough would need representation.”

The council voted unanimously to hire Levicoff Law Firm, of Pittsburgh, to defend the borough in the class-action lawsuit at a rate of $335 an hour for partner work; $265 an hour for associate work; and a $5,000 retainer.

Hochfeld said that any fees paid to Levicoff could be recovered if Selective Insurance is found to be liable for damages.

Council members Doug Beri, Richard Burkert, Eugene Kupchella, Matthew McVicker, Bob Morgan and Sheree Speicher approved hiring Levicoff Law Firm to defend the borough in the class-action.

Council member Kurt Wolford was absent from the meeting Tuesday.

The class-action, filed early this year by Scanlon & Wojton Injury Lawyers at the Cambria County Courthouse in Ebensburg, names 26 defendants – all governmental agencies that have had a part in planning the Johnstown region’s sewer system overhaul in 2008 and seeing it through its completion around 2021.

The defendant named first in the case is the Johnstown Redevelopment Authority or JRA, which owns the Wastewater Treatment Plant. The Pennsylvania Department of Environmental Protection or DEP, required the JRA to stop stormwater infiltration from causing sewage overflows at the plant during heavy rains.

The lawsuit alleges that the cost of a solution to an environmental problem was shifted from the JRA to private property owners.

According to the lawsuit, the JRA could have expanded the treatment plant’s capacity to eliminate sewage overflows. Instead, the lawsuit alleges that the DEP and the JRA acted jointly to coerce and compel all of the 21 municipalities served by the JRA-administered sanitary sewer system to sign consent agreements with the DEP and amend municipal ordinances to compel residential compliance with a plan to replace all sewer lines in the system.

The municipalities that signed consent orders and enforced residents’ compliance, including Southmont, are also defendants in the class-action.

Selective Insurance denied the borough’s claim for defense coverage in the lawsuit on the basis that its policy with the borough – which started in 2022 – wasn’t in place when the claims outlined in the class-action were made, Hochfeld said.

“My position is they are looking at the wrong time period,” Hochfeld said.

He said the claims really begin when individual residents suffered a loss, and paid money to have work done to renovate their private sewer lines.

© 2026 The Tribune-Democrat (Johnstown, Pa.). Visit www.tribune-democrat.com. Distributed by Tribune Content Agency, LLC.

Older

Lake County appeals to lawmakers regarding flood insurance premium discounts

Newer

State Auditor's office takes action against 'misleading' healthcare plans

Advisor News

  • Cryptocurrency legislation takes one step forward with bipartisan support
  • IRS CEO FRANK J. BISIGNANO VISITS OHIO TO TOUT WORKING FAMILIES TAX CUTS PROVISIONS ON NO TAX ON CAR LOAN INTEREST, NO TAX ON OVERTIME, ENHANCED DEDUCTION FOR SENIOR CITIZENS
  • The hidden flaw in insurance AI adoption for advisors and carriers
  • Rising healthcare costs impact 401(k) accounts
  • What advisors think about pooled employer plans, alternative investments
More Advisor News

Annuity News

  • MetLife Expands Guaranteed Retirement Income Offering with Innovative Flexible Annuity Option
  • How annuities can help protect retirees from financial scams
  • MetLife Inc. (NYSE: MET) Climbs to New 52-Week High
  • The Standard and Pacific Guardian Life Announce Entry into Agreement to Transition Individual Annuities Business
  • AuguStar Retirement launches StarStream Variable Annuity
More Annuity News

Health/Employee Benefits News

  • WA health insurers request another double-digit rate hike
  • New York Life Launches “The Assist,” a docuseries featuring U.S. Men’s National Soccer Team stars and the people who helped make their dreams real
  • Candidate Janoo
  • The United States might be the best place to build universal health care
  • Paid family leave would benefit Florida’s workers, advocates say
More Health/Employee Benefits News

Life Insurance News

  • AM Best Upgrades Issuer Credit Rating of Life Insurance Corporation (International) B.S.C. (c)
  • New York Life Launches “The Assist,” a docuseries featuring U.S. Men’s National Soccer Team stars and the people who helped make their dreams real
  • U-Haul Holding Company Reports Fiscal 2026 Financial Results
  • Symetra Honored as 2026 ‘Community Champion’ by the Puget Sound Business Journal
  • Kyle Busch attorney rips ‘false narrative’ around life insurance coverage
More Life Insurance News

- Presented By -

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Why Blend in When You Can Make a Splash?
Pacific Life’s registered index-linked annuity offers what many love about RILAs—plus more!

Life moves fast. Your BGA should, too.
Stay ahead with Modern Life's AI-powered tech and expert support.

Bring a Real FIA Case. Leave Ready to Close.
A practical working session for agents who want a clearer, repeatable sales process.

Discipline Over Headline Rates
Discover a disciplined strategy built for consistency, transparency, and long-term value.

You Could Be Losing Up to 20% of Your Commissions
GreenWave helps you find, fix, and prevent commission errors.

Press Releases

  • Rockwood Programs Appoints Kerry Ladouceur as Vice President, Financial Lines
  • JP Insurance Group Launches Commercial Property & Casualty Division; Appoints Joe Webster as Managing Director
  • Sequent Planning Recognized on USA TODAY’s Best Financial Advisory Firms 2026 List
  • Highland Capital Brokerage Acquires Premier Financial, Inc.
  • ePIC Services Company Joins wealth.com on Featured Panel at PEAK Brokerage Services’ SPARK! Event, Signaling a Shift in How Advisors Deliver Estate and Legacy Planning
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet