Mark D. Malloy
Mark Malloy is a trial lawyer who represents businesses in all types of commercial litigation, primarily advising companies in the areas of insurance coverage, extra-contractual liability, and professional liability. Mark is licensed in Wisconsin, Minnesota, and Illinois, and various federal courts. He represents companies in disputes across the country.
Clients contact Mark for analysis and opinions relating to complex insurance coverage issues for both personal and commercial lines. In particular, Mark has significant experience in the analysis and litigation of professional liability coverage claims.
Mark also advises and litigates for clients in the extra-contractual area. He advises companies on both first-party claims of bad faith and third-party claims, including claims for excess verdict. He is a frequent speaker on those topics and has acted as an expert in litigation for both companies and policyholders.
Mark is a member of the Wisconsin, Illinois, and Minnesota bar associations, as well as the Defense Research Institute, Claims and Management Litigation Alliance, Wisconsin Defense Counsel, and the Milwaukee Bar Association.
Insurance Coverage for Cyber Loss: An Emerging Coverage
Schueler v. Schoenecker, 2017 IL App (1st) 163377-U
Obtained summary judgment and dismissal with prejudice of claims that our client had breached a non-compete agreement. Affirmed on appeal.
Wilder Chiropractic v. State Farm Fire & Casualty Co.
Obtained summary judgment on a breach of duty to defend and bad faith claim arising out of alleged failure to defend class action suit relating to claims for violation of TCPA.
Artuk v. AKT
Successfully defended claim, via three day evidentiary hearing, venued in United States District Court, Northern District of Illinois, relating to enforcement of settlement and stock purchase agreement between two shareholders.
Lakeside Foods v. Liberty Mutual Insurance Company
Successfully tried and defended breach of duty to defend and bad faith claim arising out of insurance company’s representation of insured in complex commercial litigation matter in California. After bifurcating the bad faith claim, the duty to defend claim was tried to jury, and a defense verdict was obtained.
Oddsen v. State Farm Fire & Casualty Co.
Obtained summary judgement and declaration of no duty to defend or indemnify for “failure to render aid” claim relating to heroin overdose claim.
Rydland v. Marina Cliff
Successfully tried insurance coverage action relating to alleged claim for bodily injury and property damage relating to water intrusion causing mold exposure. Plaintiff demanded $13 million at trial. A finding of no duty to defend or indemnify was obtained by post-trial motion.
Roehl Transport v. Liberty Mutual
Tried insurance bad faith action relating to insurer’s alleged failure to properly investigate and settle third party action, thereby forfeiting Plaintiff’s $500,000 deductible under policy. After two week trial, jury rendered verdict awarding 1/4 the amount of damages requested by Plaintiff at closing.
Assisted Living Concepts v. Siegel Gallagher, Inc.
Milwaukee County Circuit Court. Successfully defended a construction claim levied against a real estate brokerage under a piercing the corporate veil theory, obtaining summary judgment on behalf of the clients, and affirmance of that decision at the Court of Appeals.
CBS v. James Hovde
Dane County Circuit Court. Successfully obtained a declaration that the client had no duty to defend or indemnify its insured in business dispute, successfully arguing that the plaintiff’s claims did not constitute an occurrence under the CGL policy.
Coyne v. JP Morgan Chase
Peoria County Circuit Court (Peoria, IL). Obtained summary judgment on behalf of a national financial services claim in an asbestos case. The case was originally filed in Cook County, Illinois, but on defendants’ motion the case was moved to the more favorable jurisdiction of Peoria County. In Peoria County, Mark Malloy successfully argued that the Plaintiff failed to satisfy the “frequency, regularity, and proximity test” required in Illinois asbestos litigation.
Wolfe v. Moran Food
Kenosha County Circuit Court. Successfully obtained a favorable jury verdict in a case filed against the client, a national grocery store operator, for personal injury arising out of negligent maintenance of the premises.
Anderson v. AW Chesterton
Madison County Circuit Court (Edwardsville, IL). Obtained summary judgment on behalf of the client, a global financial services firm, in a wrongful death asbestos case filed in Madison County, Illinois. The client had been sued as a successor to a company it had purchased through a series of transactions. Plaintiff alleged that he had been exposed to asbestos while working at the Xerox Building in Chicago in the early 1970s. Mark Malloy successfully argued that the plaintiff had not met its burden of establishing ownership by the predecessor corporation, which in fact was a trustee for the real owner of the building, or that successor liability flowed from the predecessor company to the client.
- Pender v. Standco Industries, Milwaukee County Circuit Court. Obtained summary judgment on behalf of the client in an asbestos wrongful death case filed in Milwaukee County, successfully arguing that the plaintiff could not establish a causal connection between plaintiff’s condition and exposure to the client’s product. The client was a national manufacturer of automotive brake materials.
- WorkflowOne v. Alpert Holdings, Waukesha County Circuit Court. Successfully negotiated a settlement on behalf of the client related to a business dispute arising out of the contracting for sourcing needs internationally.
- Enjoy ECig v. CB Distributors, Inc., Winnebago County Circuit Court (Rockford, IL). Represents a national distribution company in ongoing litigation arising out of a business dispute involving the purchase of international goods for importation and sale in the United States.
- Martindale Hubbell AV® Preeminent™ Peer Review Rated (2020)
- The Best Lawyers in America® (2016 - 2020); Milwaukee Lawyer of the Year® (Insurance Litigation, 2018)
- Wisconsin Super Lawyers® (2015 - 2019); Wisconsin Super Lawyers® Rising Star (2006 - 2011)
- American Academy of Trial Attorneys Premier 100 Trial Attorney in Wisconsin (2015)
- November 11, 2019
- Shareholder Mark Malloy Presents at the Medical Professional Liability (MPL) Association’s 2019 Corporate Counsel WorkshopNovember 7, 2019
- August 15, 2019
- May 13, 2019
- November 13, 2018
- Attorney Mark Malloy to Present to the National Business Institute on “Top Challenges in Bad Faith Litigation”November 8, 2018
- August 15, 2018
- November 10, 2017
- August 15, 2017
- Attorneys Mark Malloy and Joseph Sarmiento to Participate as Panelists in the 2017 Wisconsin Defense Counsel Summer ConferenceAugust 1, 2017
- December 19, 2016
- November 11, 2016
- October 27, 2016
- Attorney Mark Malloy to Present on Insurance Coverage Law via National Business Institute Live Audio WebinarSeptember 27, 2016
- September 22, 2016
- August 15, 2016
- Attorney Mark Malloy to Present on Insurance Bad Faith Claims via National Business Institute's Live TeleconferenceJune 6, 2016
- November 12, 2015
- Mark Malloy Recognized as a Premier 100 Trial Attorney in Wisconsin by the American Academy of Trial AttorneysSeptember 18, 2015
- August 24, 2015
- Attorney Mark Malloy to Present on Bad Faith Claims via the National Business Institute's Live Video WebcastJune 12, 2015
- February 3, 2015
- January 28, 2015
- November 18, 2014
- October 31, 2014
- Attorneys Malloy and Fisher Obtain Favorable Insurance Coverage Decision From Wisconsin Court of AppealsOctober 3, 2014
- April 3, 2014
- March 28, 2014
- July 9, 2013
Speeches & Publications
Speaker, A Year in Coverage, Medical Professional Liability (MPL) Association’s 2019 Corporate Counsel Workshop (Oct. 2019)
Speaker, Advanced Insurance Bad Faith (National Teleconference), National Business Institute (June, 2016)
Speaker, Bad Faith Claims from A-Z (National Webinar), National Business Institute (August, 2015)
Speaker, Evaluating and Litigating Duty to Investigate in Insurance Coverage (National Teleconference), National Business Institute (February, 2015)
Speaker, Insurance Coverage & Bad Faith Defense Strategies (National Webinar), National Business Institute (January, 2015)
Speaker, Bad Faith Insurance Claims in Wisconsin, National Business Institute (September, 2014)
Speaker, Bad Faith Claims from A-Z (National Webinar), National Business Institute (August, 2014)
Speaker, Bad Faith Update, Wisconsin Defense Counsel - WDC Summer Conference (Summer, 2013)
Speaker, Bad Faith Claims from A-Z (National Webinar), National Business Institute (August, 2013)
Author, Schinner and Sustache: When is intentional assault accidental?, Wisconsin Defense Counsel Journal (Spring 2012)
Speaker, The New Frontier: The Changing Landscape of Bad Faith in Wisconsin (Wisconsin Defense Counsel 2010 Winter Conference, December 2010)
- Wisconsin Defense Counsel
- DRI™ (Defense Research Institute), Young Lawyers Subcommittee
- State Bar of Wisconsin
- Milwaukee Bar Wisconsin
- Minnesota State Bar Association
- Ramsey County (MN) Bar Association
Nativity Jesuit Middle School, Mentor
Geography Bee Coach, Tonawanda Elementary School