Wendy D. Testa Partner

     

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Wendy Testa is a co-chair of the firm’s Complex Tort & General Casualty and Design Professionals practices. She focuses her legal practice on insurance coverage and defense litigation and risk management services in the areas of professional liability, including architects/engineers, agents and health care practitioners; construction /construction defect; product liability; and contract drafting, negotiating and disputes. 

First and foremost, Wendy prides herself on being an advocate for her clients. From inception to the successful conclusion of a case, her skills, experience and focus are all directed toward achieving a cost-effective resolution strategy built around her clients’ needs. Wendy’s attention to detail and the key issues of each case makes her an efficient and effective litigator.

Areas of Focus

Professional Liability
Wendy has defended architects, engineers, lawyers, brokers and agents in professional liability actions. Working closely with clients, she seeks to create a defense strategy to cost-effectively resolve matters in litigation or those before administrative agencies and licensing boards.

Architects & Engineers
Wendy is experienced in the defense of architects, engineers and surveyors and is a member of the firm's Design Professional practice. In addition, she performs contract review and drafting services for design professionals and engages in contract negotiations on behalf of these clients. Wendy also has extensive experience in defending architects and engineers in Pennsylvania and New Jersey.

Lawyers’ Liability
Wendy seeks dismissal of lawyers’ liability cases based on either pre-answer motions addressed to the sufficiency of pleadings and/or motions for summary judgment at the conclusion of discovery. Beyond the courtroom, she has represented attorneys in proceedings before disciplinary committees and licensing boards.

Construction
Wendy has extensive experienced in defense litigation and insurance coverage issues related the construction industry. She has defended contractors, commercial and residential construction firms, construction managers and project owners in Pennsylvania and New Jersey, including disputes related to contractual defense, indemnification and insurance coverage issues as well as construction defect claims.

General Liability
Wendy has built a diverse civil litigation practice handling premises, auto and liquor liability matters on a national basis for several Fortune 500 companies and other large self-insured clients. Wendy provides her clients with a high level of responsiveness and personalized attention to assist in risk and crisis management at the pre-litigation phase of potential claims and when preparing a defense in litigated matters. Representative clients include construction firms, commercial and residential property owners and management companies, restaurants, and food and beverage manufacturers, suppliers and distributors. In addition, Wendy has co-authored a 50-state liquor liability law review.

Insurance Coverage
Wendy's experience includes both coverage litigation and drafting coverage opinions for insurers related to commercial general liability as well as professional liability policies. She has obtained very favorable results through motion and appellate practice of coverage disputes for a number of insurers.

Product Liability
A large portion of Wendy’s practice involves the defense of product liability claims against domestic and foreign manufacturers and suppliers of construction equipment, industrial machinery; and food and beverage products. She advises clients and aggressively defends their products in complex cases arising out of a product's design, manufacture or marketing.

Representative Matters

Obtained Pennsylvania Superior Court reversal of lower court decision regarding the interpretation of a claims made policy and a manuscript endorsement related to when a claim is made for purposes of coverage afforded to a claim arising from personal injury sustained in a nursing home.

Obtained summary judgment in the Superior Court of New Jersey, Burlington County as a result of asserting contractual claims on behalf of a beverage equipment supplier for defense, indemnification and insurance coverage against a bankrupt manufacturer related to a significant multi-party fire loss claim. The client paid nothing in a $750,000 settlement and was reimbursed for all defense fees/costs. As a result of the successful defense strategy in the New Jersey litigation, a global settlement of a number of other nationwide fire loss claims involving the same manufacturer and its insurer was achieved with no contribution from the client.

Won motions for summary judgment based on contractual defense/indemnification issues in construction litigation matters in the Superior Courts of New Jersey, Burlington and Camden Counties and in the Court of Common Pleas, Philadelphia County.

Won motions for summary judgment (in three separate matters) based on Pennsylvania’s statutory employer defense in construction-related personal injury lawsuits in Court of Common Pleas, Philadelphia County.

Won appeal related to a contractual indemnification and insurance coverage dispute between contractors in the Superior Court of Pennsylvania, Eastern District.

Obtained favorable settlement of a construction-related wrongful death action in Burlington County. As a result of obtaining summary judgment on behalf of owner and general contractor related to a third-party contractual indemnification claim against plaintiff’s employer/contractor, the matter resolved for $1.75 million total with plaintiff’s employer assuming all defense fees and costs of our client as well as a significant portion of the settlement.