Many of the most challenging insurance issues over the last 15 years have arisen in the context of first-party property coverage. These disputes arise under both conventional policies and more specialized products, such as nuclear risk forms. Wiley Rein has been at the forefront of many of these first-party issues, including September 11 and Hurricane Katrina losses. The Legal 500 US notes that the firm is recognized as "one of the top firms in DC dealing with P&C matters" (2012). Our representations include advising insurers over the course of claims adjustments on strategic, coverage, and loss assessment and measurement issues as well as litigating disputes that cannot otherwise be resolved.
Among the types of first-party property claims we have handled have been those for computer failure, data loss, environmental cleanup, food contamination, the tragic events of September 11, 2001, Hurricane Katrina, and other catastrophic claims. With these claims, we often addressed issues concerning business interruption and civil authority provisions, as well as complex evaluation issues. In the construction context, we addressed claims under builder's risk and other specialized first-party coverages in claims involving EIFs, mold, and construction defects. In addition, Wiley Rein represents the Complex Insurance Claims Litigation Association (CICLA) as insurance industry amicus curiae in important appeals concerning first-party issues.
Property insureds are increasingly seeking to invoke coverage under commercial property policies for novel losses. In many instances, they are guided in that endeavor by sophisticated large-firm counsel. Given Wiley Rein's breadth and depth of commercial insurance expertise, we are uniquely situated to address disputes of that nature.
ISSUE: APRIL 2015
IN THIS ISSUE
- Borrowing Funds from Client Does Not Constitute Professional Services and Profit Exclusion Bars Coverage for Accountant's Failure to Repay Client
- Delaware Trial Court: "Final Adjudication" Exclusion Trumps "No Loss" Argument
- Contract-Related Breach and Negligence Damages Constitute "Loss;" Coverage Precluded by Warranty Exclusion
- Eleventh Circuit Holds No Coverage for Online Banking Theft
- Civil Theft Award Not Covered by D&O Policy or CGL Policy
- Duty to Defend Does Not Encompass Affirmative Claims
- No Coverage for Prosecuting an Affirmative Counterclaim
- Lawyer's "Don't Ask" Policy on Associate Misconduct Leads Court to Apply Prior Knowledge Exclusion
- Finding of Fraud for ERISA Violation Implicates Fraud Exclusion
- Speeches/Upcoming Events
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
By Laura A. Foggan
January 2012 | The Insurance Coverage Law Bulletin Volume 10, Number 12
Aftershock - Coverage Issues Post East Coast Quake
By Laura A. Foggan
August 26, 2011 | Law360