For more than 25 years, Wiley Rein has been a leader in general liability insurance developments and in the forefront of the insurance industry's response to complex, high-stakes litigation. Wiley Rein has handled some of the most prominent insurance cases of the past decades in both trial and appellate forums. Our clients look to us for careful, innovative, and effective representation, often in opposition to some of the largest policyholders in the world.
The General Liability Practice has developed precedents on key insurance issues across the nation, including in the context of environmental and chemical exposure claims, product liability, asbestos bankruptcy, personal and advertising injury, construction claims, and bad faith. Our work encompasses emerging issues such as global warming (climate change) and nanotechnology insurer use of staff counsel and privacy standards for insurer records.
We handle major trial and appellate litigation involving general liability policies issued to Fortune 500 corporations, as well as to smaller and privately held companies. In recent years, the General Liability Practice has handled cases in many states, including Alabama, Arkansas, California, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia, Washington, and Wisconsin. In addition to serving as litigation counsel, Wiley Rein regularly counsels insurers on coverage issues and handling general liability claims, including the determination of whether a duty to defend exists and whether an insurer must provide independent counsel. We are often called upon to assist insurers in coordinating claims relating to a particular exposure or type of risk on a nationwide basis.
Our representation of general liability carriers encompasses a number of areas, including:
- Allocation of responsibility among insurers and policyholders.
- Extent of insurer liability to successor entities of the policyholder.
- Insurer's right to recoup defense and indemnity costs.
- Scope and application of pollution exclusions, business risk exclusions, and other policy limitations.
- Extent to which insurers are responsible for declaratory judgment costs of policyholders.
- Effects of policyholder's bankruptcy on coverage.
- Products/completed operations coverage and the application of aggregate limits.
- Scope of "occurrence," as well as known loss and expected and intended provisions.
- Application of conditions, including notice, cooperation, and voluntary payments.
Members of our Group are active in industry associations, both in leadership roles and as members. Our attorneys also frequently speak and publish on general liability issues.
For more information about our experience, please see the following areas:
- Insurance Appellate
- Trade Association Representation
- Arbitration and ADR
- Property Coverage
- Bankruptcy-Related Issues
- Policy Drafting and Product Development
- Section 111
ISSUE: JULY 2014
IN THIS ISSUE
- Settlements Returning Overdraft Fees Are Not “Damages”
- A-Side DIC D&O Policy Is Excess to Primary D&O Policy
- New York Court of Appeals Declines to Impose “As Soon As Reasonably Possible” Requirement on All Insurer Disclaimers
- Insured v. Insured Exclusion Bars Coverage for Entire Consolidated Action with Multiple Non-Insured Claimants
- Offer to Settle Within Policy Limits Not a Requirement for Bad Faith Failure to Settle Claim
- Privileges Protecting Communications Regarding Underlying Suit Not Waived by Placing Causation “At Issue”
- Primary Insurer’s Bad Faith Refusal to Settle Within Primary Limits Not Actionable Where Excess Insurer Could Not Prove It Would Have Accepted the Offer
- Notice Six Months Late Was Not “As Soon As Practicable”; No Prejudice Showing Required Under Claims-Made Policy
- No Coverage for Claim When Insured Had Knowledge of Incident Before Prior Acts Date
- A Civil Contempt Proceeding Is Part of the Same “Claim” as the Underlying Civil Action from Which It Arises
- Other Insurers Impacted by Determination of Relationship of Claims are Necessary Parties in a Declaratory Judgment Action
- Dishonesty Exclusion Does Not Preclude Insurer’s Duty to Defend Where Underlying Complaint Does Not Allege Knowing or Willful Conduct
- Allegations Related to the Improper Characterization of an Employee for Purposes of Employee Benefits Program Constitutes an “Employee Benefits Injury”
- Repayment of Improperly Received Funds May Constitute Covered Loss; Coverage is Not Precluded on Public Policy Grounds
- Co-Insurers Share Indemnity Obligations Where Policies Cover Same Loss
- Absence of Parallel State Court Proceedings Does Not Require Federal Court to Exercise Jurisdiction Under Declaratory Judgment Act
- Federal Court Abstains from Declaratory Judgment Action in Favor of Underlying State Court Proceeding
Issues in Coverage for Preexisting Pollution Conditions under Pollution Liability Insurance Policies
By Laura A. Foggan and Michael J. Gridley
May 8, 2014 | Environmental Claims Journal
Data Breaches and CGL Policies: The Emerging Coverage Picture for Private Suits and Credit Card Processor Demands
By Laura A. Foggan, Dale E. Hausman and Matthew W. Beato
February 12, 2014 | Advisen
Recurring Coverage Issues in Employment Practices Liability Insurance
By Laura A. Foggan, Benjamin C. Eggert and Parker J. Lavin
January-February 2013 | ABA’s Insurance Coverage, Vol. 23, No. 1
RECENT NEWSWiley Rein Named Washington, DC Litigation Department of the Year for Insurance by The National Law Journal
June 30, 2014