Practices  |  Insurance

Trade Association Representation

Overview

Wiley Rein regularly works with and advises the major insurer trade associations, including the American Insurance Association (AIA), the Complex Insurance Claims Litigation Association (CICLA), the National Association of Mutual Insurance Companies (NAMIC), and the Property Casualty Insurers Association of America (PCI), among others, on a wide variety of issues affecting the business of insurance. On the state and federal levels, we provide assistance in responding to legislative and regulatory initiatives. 

Wiley Rein's Insurance attorneys also regularly prepare amicus curiae briefs on behalf of industry trade associations addressing important legal issues and policy considerations. We have submitted amicus curiae briefs in many of the prominent insurance matters that have reached the Supreme Court of the United States and have appeared on behalf of industry groups in precedential cases in almost every state. By invitation, Wiley Rein attorneys also frequently have participated in oral argument of particularly significant cases. Examples of recent key cases where we have represented insurance trade groups as amici include:  

  • Recall Total Information Management, Inc. v. Federal Insurance Co., 317 Conn. 46, --A.3d-- (2015). Wiley Rein represented the AIA, CICLA, and PCIA as amici curiae in this appeal, where the Connecticut high court held that a “data breach” claim did not trigger coverage under Coverage B of a CGL policy.
  • Craft v. Philadelphia Indemnity Insurance Co., 343 P.3d 951 (Colo. 2015). Wiley Rein represented AIA, CICLA and PCI as amici curiae in this appeal, where the Colorado Supreme refused to require a “prejudice” requirement for late notice under a date certain notice requirement in a claims made and reported policy.
  • Wilson Mutual Insurance Co. v. Falk, 857 N.W.2d 156 (Wis. 2014). Wiley Rein represented CICLA as amicus curiae in this appeal, where the Wisconsin Supreme Court held that claims arising from agricultural runoff were barred by pollution exclusions in the operative policies.
  • Hartford Casualty Insurance Co. v. Swift Distribution, Inc., 326 P.3d 253 (Cal. 2014). Wiley Rein represented CICLA as amicus curiae in this appeal, where the California Supreme Court held that certain intellectual property and other claims did not trigger coverage under Coverage B of a CGL policy.
  • Keyspan Gas Corp. v. Century Indemnity Co., 15 N.E.3d 1194 (N.Y. 2014). Wiley Rein represented CICLA as amicus curiae in this appeal, where the New York Court of Appeals held that an insurer was not estopped from asserting coverage defenses when it did not disclaim coverage “as soon as reasonably possible.”
  • K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co.,6 N.E.3d 1117 (N.Y. 2014). Wiley Rein represented the AIA and CICLA as amici curiae in this appeal, where the New York Court of Appeals, on rehearing, rejected automatic indemnity for an insurer that was found to have breached its duty to defend.
  • Midwest Family Mutual Insurance Co., et al. v. Wolters, et al., 831 N.W.2d 628 (Minn. 2013). Wiley Rein represented CICLA as amicus curiae in this appeal, where the Minnesota high court held that a claim arising out of carbon monoxide release was subject to the absolute pollution exclusion and the reasonable expectations doctrine did not apply.
  • Mountain States Mutual Casualty Co. v. Roinestad, 296 P.3d 1020 (Colo. 2013). Wiley Rein represented CICLA as amicus curiae in this appeal. Concluding that cooking grease is a “pollutant,” the Colorado high court found that the pollution exclusion barred coverage for a restaurant that routinely poured grease and cooking oil into the sewer on its property, prompting a sewer clean-up project in which the plaintiffs were injured as a result of hydrogen sulfide fumes emanating from the sewer.
  • Pennsylvania National Mutual Casualty Insurance Co. v. Roberts, et al.,668 F.3d 106 (4th Cir. 2012). Wiley Rein represented CICLA as amicus curiae in this appeal. The United States Court of Appeals for the Fourth Circuit issued an opinion adopting a pro rata time on the risk allocation method, holding that an insurer could be held liable only for periods of risk that it had contracted to cover, even if its policyholder was jointly and severally liable for harm sustained over a longer period.
  • Harleysville Mutual Insurance Co. v. South Carolina, 736 S.E. 2d 651 (S.C. 2012). Wiley Rein represented the AIA and CICLA as amici curiae in a constitutional challenge to retroactive and extraterritorial reach of South Carolina law compelling insurance contracts to afford certain coverage for construction claims.
  • The AES Corporation v. Steadfast Insurance Co., 715 S.E.2d 28 (Va. 2011). Wiley Rein represented the AIA and CICLA as amici curiae in this appeal. The Virginia Supreme Court found that a lawsuit alleging property damage caused by emission of greenhouse gases did not allege an “occurrence” within the meaning of general liability coverage. 

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Laura A. Foggan
202.719.3382 | lfoggan@wileyrein.com 

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