Lawyer Profile

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Mark D. Malloy

Meissner Tierney Fisher & Nichols S.C.
  • Recognized Since:
    2016
  • Recognized in:
    Commercial Litigation
    Insurance Law...
  • Law School:
    William Mitchell College of Law
  • Website:
    http://www.mtfn.com
  • Languages:
    English
  • Location:
    The Milwaukee Center, 19th Floor
    111 East Kilbourn Avenue
    Milwaukee, WI 53202

Mark D. Malloy is a trial lawyer who represents businesses in all types of commercial litigation, primarily in the areas of insurance coverage, extra-contractural liability, and professional liability. Mark is licensed in Wisconsin, Illinois and Minnesota and has first chair trial experience representing businesses across the country.

Insurance clients routinely contact Mark for analysis and opinions relating complex insurance coverage issues for both personal and commercial lines.  He also advises companies on extra-contractual claims handling issues, including bad faith and duty to defend issues.

Mark also routinely represents businesses in the defense of professional liability claims.  This includes representation of engineers, architects, construction professionals, real estate brokers and salespersons, business brokers and salespersons, title agents, and appraisers.

Mark is an active member of many bar associations, including Wisconsin Defense Counsel, Defense Research Institute (DRI), Professional Liability Defense Federation (PLDF), and the Milwaukee Bar Association.

Lawyer Bio

Mark D. Malloy is a trial lawyer who represents businesses in all types of commercial litigation, primarily in the areas of insurance coverage, extra-contractural liability, and professional liability. Mark is licensed in Wisconsin, Illinois and Minnesota and has first chair trial experience representing businesses across the country.

Insurance clients routinely contact Mark for analysis and opinions relating complex insurance coverage issues for both personal and commercial lines.  He also advises companies on extra-contractual claims handling issues, including bad faith and duty to defend issues.

Mark also routinely represents businesses in the defense of professional liability claims.  This includes representation of engineers, architects, construction professionals, real estate brokers and salespersons, business brokers and salespersons, title agents, and appraisers.

Mark is an active member of many bar associations, including Wisconsin Defense Counsel, Defense Research Institute (DRI), Professional Liability Defense Federation (PLDF), and the Milwaukee Bar Association.

Read more on firm website
  • Lawyer of the Year Badge

Education:

  • William Mitchell College of Law, J.D., graduated 1998
  • University of St. Thomas, BA, graduated 1993

Bar Admissions:

  • Wisconsin
  • Minnesota
  • Illinois
  • 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

Affiliations:

  • DRI™ (Defense Research Institute) - Young Lawyers Subcommittee
  • Milwaukee Bar Wisconsin - Member
  • Minnesota State Bar Association - Member
  • Ramsey County (MN) Bar Association - Member
  • State Bar of Wisconsin - Member
  • Wisconsin Defense Counsel - Member

Named "Lawyer of the Year" by Best Lawyers for:

  • Litigation - Insurance, Milwaukee (2018)
 

Recognized in The Best Lawyers in America for work in:

  • Commercial Litigation
  • Insurance Law
  • Litigation - Insurance
  • Personal Injury Litigation - Defendants

Additional Information:

 

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Firm Details

Image for Meissner Tierney Fisher & Nichols S.C. View Firm Profile
Meissner Tierney Fisher & Nichols S.C.
http://www.mtfn.com
 
Headquarters
The Milwaukee Center, 19th Floor
111 East Kilbourn Avenue
Milwaukee, WI 53202
(414) 273.1300

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Lawyer Case History

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.