Overview | General Liability

Our practice attorneys assist clients with the development and interpretation of commercial liability (CGL) policies.

We conduct coverage analyses, prepare coverage opinions and issue coverage letters regarding the broad range of exposures triggered under these policies. Claims most commonly involve bodily injury, property damage, additional insured tenders, rescission and bad faith. Several of our attorneys focus their practices on complex construction defects and enjoy success on behalf of major carriers that write these lines.

Clients rely on Wilson Elser to handle especially high volumes of CGL matters at all levels of complexity and exposure. Our national office network and deep resources allow us to do so efficiently and effectively across jurisdictions.

Associate

Associate

Associate

Partner

Associate

Associate

Of Counsel

Associate

Partner

Partner

Associate

Associate

Of Counsel

Of Counsel

Of Counsel

Of Counsel

Of Counsel

Partner

Partner

Associate

Associate

Del Gatto and Nafisi Prevail in Serious Trucking Accident Case on Summary Judgment in Iowa Based on Federal Graves Amendment

Brian Del Gatto (Partner-Phoenix) and Arman Nafisi (Partner-Phoenix) prevailed on a motion for summary judgment in the Iowa District Court, Polk County, on behalf of an international semi-truck equipment dealer. In this clear-fault case, plaintiff was rear-ended by a semi-truck tractor and filed a lawsuit alleging negligence on the part of the driver. The plaintiff brought vicarious liability claims alleging high six-figure damages against our client, the lessor of the semi-truck, as well as the driver’s employer, who leased the truck from our client. Brian and Arman took over defense of the litigation in the middle of discovery, from prior defense counsel. At the conclusion of discovery, Brian and Arman filed a motion for summary judgment arguing that the plaintiff's claim against the client is precluded by the Graves Amendment, a federal tort reform statute limiting the liability of vehicle rental and leasing companies and barring vicarious liability claims in motor vehicle accidents. Following briefing and oral argument, the Court granted summary judgment and dismissed the case with prejudice against our client. The case was set to go to trial later this year and saved the client significant legal cost and risk exposure.

Brian Del Gatto and Arman Nafisi

Dodrill and Young Set Aside Year-old Quarter-Million Default Judgment

Colt B. Dodrill (Of Counsel-Phoenix) and Monique Young (Of Counsel-Phoenix) prevailed in Maricopa County Superior Court on behalf of Wilson Elser’s carrier client’s insured driver. Colt and Monique successfully moved to intervene and set aside a year-old default judgment of more than a quarter-million dollars levied against the insured driver. The plaintiff’s counsel maintains that our carrier client was long aware of the plaintiff’s claim against its insured, who was duly served. Colt and Monique directed the court to the opposing counsel’s failure to notify the carrier of the suit, which, although not required for service, provides the equitable basis for the blindsided carrier to intervene and set aside the default judgment. Colt and Monique successfully argued the distinction between a carrier’s notice of claim and notice of suit, defeating the plaintiff’s untimeliness argument by emphasizing that our client was not notified of the suit until nine months after the default judgment was entered. Relying on the public policy favoring settlement, Colt and Monique convinced the court that settlement discussions between notice of the suit and the motion filing did not constitute undue delay. They also maintained that the reported absence of contact between the insured’s vehicle and the plaintiff’s vehicle and the comparative fault of settling non-parties in the multi-vehicle accident not alleged in the plaintiff’s complaint provides a meritorious defense warranting setting the default aside. The court agreed and set aside the default judgment, saving the client substantial post-judgment interest and allowing it to defend the insured driver and negotiate a favorable resolution under the facts related to the accident, which were not presented in the plaintiff’s application for default judgment.

Colt B. Dodrill