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: NOVEMBER 2014
IN THIS ISSUE
- Consecutively Issued Renewal Policies Do Not Create a Continuous Reporting Period
- Contract Exclusion Bars Coverage for Entire Claim, Including Count for Negligent Misrepresentation
- Sublimit for Misappropriation of Funds Applied to Claim Based on Employee’s Scheme Approving Fraudulent Settlement Claims
- Malpractice Policies Rescinded Based on Material Misrepresentations
- Trial Court Erred In Not Determining Whether Insured Had Sufficient Information to Reasonably Expect that a Claim Would Be Made Against it Prior to Applying for Policy
- Insured Firm Could Have Foreseen that Failure to Timely Serve Party Would Lead to Malpractice Claim
- No Coverage for Individual for Claims Based on Role Outside of Insured Organization
- Five Lawsuits Constitute Related Claims to Complaint First Made Before Policy Period
- Federal Court Declines to Put Coverage Litigation on Hold
- Civil Penalties under Clean Air Act Do Not Constitute Punitive Damages
- Fraud Exclusion Bars Coverage for RICO and Fraud Suit
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