Pittsburgh litigation firm Markovitz & Germinaro is pressing on in its suit against Berkley Insurance Company for breach of contract and bad faith following the insurer’s refusal to defend and indemnify the firm in an ongoing malpractice claim. 

The insurer’s pretrial motion to dismiss for failure to state a claim was denied by US District Judge Cathy Bissoon on Monday, according to documents in the case Markovitz & Germinaro v. Berkley Insurance.

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