Wiley’s Insurance Group has argued cases in nearly every state and federal appellate circuit in the nation. We are equipped to litigate both swift declaratory judgment actions and discovery-intensive rescission and bad faith lawsuits. We have obtained seminal rulings on a full range of coverage issues. Representative recent matters include:
- UBS Fin. Serv. Inc. of Puerto Rico v. XL Specialty Ins. Co., 289 F. Supp. 3d 335 (D.P.R. 2018), aff’d, 929 F.3d 11 (1st Cir. 2019). Summary judgment that specific litigation exclusion barred coverage for civil lawsuits, regulatory investigations, and hundreds of FINRA arbitrations. Appellate affirmance rejecting policyholder’s attempts to avoid exclusion through claim-splitting.
- Onyx Pharmaceuticals, Inc. v. Old Republic Ins. Co., No. CIV 538248 (Cal. Super. Ct., San Mateo County). Victory after bench trial upholding application of bump-up exclusion to merger claim.
- First Horizon Nat’l Corp. v. Houston Cas. Co., No. 15‐cv‐2235, 2017 WL 2954716 (W.D. Tenn. June 23, 2017), aff’d, 742 Fed. App’x 905 (6th Cir. 2018). Summary judgment and appellate affirmance that insured’s notice of potential claim was insufficient to trigger coverage when an actual claim already had been made against the insured.
- Stewart Engineering v. Continental Cas. Co., No. 5:15-CV-377-D, 2018 WL 1403612 (E.D.N.C. Mar. 20, 2018), aff’d, 751 F. App’x 392 (4th Cir. 2018). Summary judgment and appellate affirmance that multiple bodily injury claims arose out of related wrongful acts subject to single per-claim limit.
- Travelers Indemnity Co. v. CNH Industrial America, LLC, 2018 WL 3434562 (Del. July 16, 2018). Appellate victory in the Delaware Supreme Court reversing $14 million judgment against insurer for CGL coverage for hundreds of asbestos claims.
- Cont’l Cas. Co. v. Marshall Granger & Co., LLP, 6 F. Supp. 3d 380 (S.D.N.Y. 2014), aff’d sub nom. Cont’l Cas. Co. v. Boughton, 695 F. App’x 596 (2d Cir. 2017). Jury verdict that insurer was entitled to rescind professional liability policy and appellate affirmance of same.
- Commercial Crime Insurance and Fidelity Bonds
- Cyber Insurance
- D&O and Financial Institution Liability
- E&O for Lawyers, Accountants and Other Professionals
- Employment Practices Liability
- General Liability
- Insurance & Bankruptcy
- Insurance Coverage Litigation
- Media & Technology E&O
- Policy Drafting and Product Development
- Professional Liability Defense
- Property Coverage
- Public Entities and Educational Institutions
- Representations and Warranties (R&W) Insurance
- Section 111 Insurer Reporting and MSP Reimbursement
Related News & Insights
- Blog PostNo Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”Wiley Executive SummaryAugust 19, 2021Emily S. Hart
- Blog PostDelaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”Wiley Executive SummaryAugust 10, 2021Chiara Tondi Resta
- Blog PostD&O Insurer Has Duty to Defend Where Counterclaim Allegations Against Directors Arguably Involve Insured CapacityWiley Executive SummaryJuly 21, 2021Elizabeth A. Jewell
- Blog PostBreach of Contract Exclusion Does Not Bar Coverage for Underlying Arbitration Award Against an Insured for Negligent MisrepresentationWiley Executive SummaryJuly 13, 2021Aldel M. L. Brown