Commercial Litigation Insurance Law Litigation - Insurance Personal Injury Litigation - Defendants
Mark D. Malloy
Recognized in Best Lawyers since 2016 Awarded Practice Areas
Biography
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 litigation 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. He is also an active member of the Federation of Defense and Corporate Counsel (FDCC), the DRI, and the Wisconsin Defense Counsel.
Overview
Milwaukee, Wisconsin
- English
- William Mitchell College of Law, J.D., graduated 1998
- University of St. Thomas (St. Paul), BA, graduated 1993
- Wisconsin, United States
- Minnesota, United States
- Illinois, United States
- Wisconsin, United States Court of Appeals, Seventh Circuit
- Wisconsin, United States District Court for the Eastern District of Wisconsin
- Wisconsin, United States District Court for the Western District of Wisconsin
- Federation of Corporate Counsel - Member
- DRI™ (Defense Research Institute) - Member
- Milwaukee Bar Wisconsin - Member
- Minnesota State Bar Association - Member
- Ramsey County (MN) Bar Association - Member
- State Bar of Wisconsin - Member
- Wisconsin Defense Counsel - Member
Milwaukee, Wisconsin
- English
- Wisconsin, United States
- Minnesota, United States
- Illinois, United States
- Wisconsin, United States Court of Appeals, Seventh Circuit
- Wisconsin, United States District Court for the Eastern District of Wisconsin
- Wisconsin, United States District Court for the Western District of Wisconsin
- Federation of Corporate Counsel - Member
- DRI™ (Defense Research Institute) - Member
- Milwaukee Bar Wisconsin - Member
- Minnesota State Bar Association - Member
- Ramsey County (MN) Bar Association - Member
- State Bar of Wisconsin - Member
- Wisconsin Defense Counsel - Member
- William Mitchell College of Law, J.D., graduated 1998
- University of St. Thomas (St. Paul), BA, graduated 1993
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Litigation - Insurance, Milwaukee (2018)
Recognized in The Best Lawyers in America® 2026 for work in:
- Commercial Litigation
- Insurance Law
- Litigation - Insurance
- Personal Injury Litigation - Defendants
Awards:
- Martindale Hubbell AV® Preeminent™ Peer Review Rated (2020)
- The Best Lawyers in America® (2016 – 2021)
- Milwaukee Lawyer of the Year® (Insurance Litigation, 2018)
- Wisconsin Super Lawyers® (2015 – 2021)
- Wisconsin Super Lawyers® Rising Star (2006 – 2011)
- American Academy of Trial Attorneys Premier 100 Trial Attorney in Wisconsin (2015)
News & Media
Insights
Additional Information
Case History
Cases
- 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.
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