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: OCTOBER 2014
IN THIS ISSUE
- Insureds’ Settlement with Bank of its Loan Defaults Not Covered
- Business Enterprise Exclusion Bars Coverage for Claim Arising Out of Attorney’s Real Estate Development Company
- Tax Shelter Exclusion Bars Coverage for Suits Against Accounting Firm
- New York Court Requires Insurer that Issued Duty to Defend Policies to Advance Defense Costs During Coverage Litigation, but Insurer that Issued Duty to Advance Policies Has No Such Obligation
- Insurer’s Communications with Reinsurer Not Privileged
- Policyholder Entitled to Hire Multiple Law Firms to Handle Underlying Suit as Long as Reasonable and Necessary for the Defense
- Excess Carrier’s Unrestricted Payment to Primary Carrier Creates Doubt as to Whether Primary Policy Was Exhausted
- Broadly Worded Securities Exclusion Does Not Unambiguously Bar Coverage for ERISA Lawsuits
- Prejudice Showing Required for Late Notice Defense under Claims-Made-and-Reported Policy
- Prior Litigation Exclusion Bars Coverage Despite Differences in Parties and Damages Sought
- Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
- Malpractice Suit Related Back to Claim for Compensation from Client Security Fund
- Insured’s Investment Advisory Activities Not Covered Under Insurance Agents E&O Policy
Federal Jurisdiction Challenges for Insurers in TCPA and FACTA Coverage Suits
By Laura A. Foggan and Matthew W. Beato
August 1, 2014 | Advisen Risk Network
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
RECENT NEWSFederal Jurisdiction Challenges for Insurers in TCPA and FACTA Coverage Suits
August 1, 2014