News
Events
- Optimizing Opportunities in Touch Times24th Annual Pennsylvania Bar Association Minority Attorney Conference (course planner), (Pittsburgh, Pennsylvania)March 15 and 16, 2012
Publications
- Voter ID Laws: The 21st Century Version of the Poll TaxMarch 2012The Legal Intelligencer
Wesley R. Payne, IV Partner
| paynew@whiteandwilliams.com
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Wesley Payne, IV has over 23 years of experience representing insurance carriers and insureds in first and third-party litigation matters. His ten years as a trial and managing attorney for a major insurance carrier provides him with additional insight with respect to evaluating and seeking creative and cost-effective solutions to complex litigation issues, particularly asbestos, general litigation and coverage matters.
Wes currently defends clients in product and premise liability asbestos personal injury litigation and serves as the coordinator for the defense medical expert preparation program which is responsible for the selection and retention of medical experts in all of the asbestos personal injury litigation cases tried in the Philadelphia area.
He has tried over 50 major jury trials in various state and federal courts and received defense verdicts in a number of wrongful death, product liability and negligence actions. Wes has successfully defended insurance bad faith, extra-contractual damages, disability, ERISA, general negligence, intellectual property and copyright, asbestos, product liability, toxic tort, mass tort, environmental, construction, commercial auto, wrongful death and coverage cases.
Wes has also has litigated a number of high exposure cases in various jurisdictions throughout the country. Whether the case involves catastrophic injuries, significant damages, multiple plaintiffs or complex legal or factual scenarios, he provides clients with the best options and advice to resolve the dispute in the most favorable manner.
In addition to his third-party litigation practice, Wes has a proven track record of achieving significant results for his insurance clients in insurance coverage and bad faith disputes. He has also represented insurers in disputes relating to agent agreements. Wes works with clients to provide excellent results and to limit their potential exposure. He also counsels clients on coverage issues arising primarily out of commercial general insurance policies in an effort to prevent the need for extended and expensive litigation. Whether the case involves catastrophic injuries, significant damages, multiple plaintiffs or complex legal or factual scenarios, Wes provides clients with the best options and advice to resolve the dispute in the most favorable manner.
Wes is Chair of the firm's Diversity Committee and Chair of the firm's Homeless Advocacy Group, a former member of the Operations, Budget and Executive Committees, and a former coordinator of the litigation associates luncheon training program.
He also serves on several pro bono and civil boards and as a Judge Pro Tem for the Philadelphia Court of Common Pleas. He is active in several legal organizations, holding leadership positions with many of them.
Philadelphia Diversity Law Program
- Vice President
- Member of Executive Counsel
Homeless Advocacy Project
- Board Member
Pennsylvania Bar Association
- Member, House of Delegates
- Co-chair, Minority Bar Committee
- Co-chair, Military & Veterans Affairs Committee
- Statewide Mock Trial Competition Panelist
Philadelphia Bar Association
- Assistant Treasurer
- Member, Board of Governors
- Co-chair, Insurance Committee
- Chair, Military Affairs Committee
- Team Leader, Access to Civil Education (A.C.E.)
Pennsylvania Defense Institute
- Co-chair, Civil Procedure Section
Philadelphia Association of Defense Counsel
- Vice President
Defense Research Institute
- Chair, Life, Health and Disability Subcommittee on Diversity
Pennsylvania Legal Aid Network
- President-elect
Representative Matters
- Roberts, et al v. Francis, et. al.; representing insured in negligence action and punitive damage action brought on behalf of 34 Plaintiffs and successfully resolved
- Fine Line Homes, Inc. et. al. v. Kornerstone Custom Builders, LLC et al., Civil Action No. 4:10-CV-01163 (M.D.Pa., September 10, 2010, Calldwell, J.); represented defendant in an architectural copyright infringement matter in which multiple violations were alleged and the matter was amicably mediated prior to the initiation of discovery
- Purcell v. PPL Electric Utility Co., et al, B.C.C.P. Docket No. 0500794-13-2, (January, 2008, Mellon, J.); tried catastrophic injury case to verdict on behalf of self-insured utility company
- Hayes v. Ohio National Financial Services, Inc., 2008 WL 3852241 (E.D. Pa., August 19, 2008, Pollak, J.); represented an insurance carrier against an agent seeking a declaratory judgment action in which the agent sought to retain proprietary materials and customer information; successfully removed the case to Federal Court and obtained expedited hearing which lead to the resolution of the matter in favor of the carrier
- Kosandra v. Ohio National, Civil Action No. 2:05-cv-03673 (E.D.Pa. September 14, 2007, Giles, Pres, J.); represented insurance carrier in consolidated claim by agents and brokers for commissions related to BOLI products and successfully had claim dismissed with prejudice in the early stage of the litigation
- Coleman v. QPS, C.C.C.P.; represented moving company in auto accident claim in which plaintiff lost his leg and acting career; case settled after cross examination of plaintiff for substantially less than demand
- Bear v. Harford, 2005 WL 3054354 (E.D.Pa., November 14, 2005, Pratter, J.); represented the insurance carrier and motion to dismiss granted and statutory insurance bad faith claim under 42 Pa. C.S.A. §8371and Unfair Trade Practices (UTPCPL) claim dismissed with prejudice
- Thomas v. Harford, 2004 WL 1172882 (Del. Super., April 20, 2004, Ridgely, Pres. J.); represented insurance carrier in bad faith claim and successfully prevented the release of highly proprietary business and privileged documents from being released to plaintiff during discovery
- Mann v. Unum, 2003 WL 22917545 (E.D.Pa., November 25, 2003, McLaughlin, J.); 2003 WL 22436276 (E.D.Pa., May 27, 2003, McLaughlin, J.); 2003 WL 22436277 (E.D.Pa., May 20, 2003, McLaughlin, J.); represented insurance carrier in insurance bad faith claim and obtained order denying plaintiff’s request for broad based business practice discovery; defeated plaintiff’s motion for summary judgment and summary judgment entered on behalf of client on bad faith claim
- Hevener v. Paul Revere, 2002 WL 1969492 (E.D.Pa., August 26, 2002, Padova, J.); represented several insurance carriers in ERISA and bad faith claim; claim was dismissed, extraneous carriers dismissed and verdict entered in favor of remaining carrier
- Bell v. UnumProvident Corp., 222 F. Supp. 2d 692 (E.D.Pa., 2002); represented insurance carrier in breach of contract and bad faith claim; successfully removed case to federal court; bad faith claim dismissed and breach of contract claim to an ERISA claim significantly reducing potential recoverable damages
- Brown v. Paul Revere, 2002 WL 1019021 (E.D.Pa., May 20, 2002, Shapiro, J); represented insurance carrier in breach of contract and bad faith claim; effectively limited broad based discovery; plaintiff’s bad faith and extra contractual damage claims dismissed and breach of contract claim converted to an ERISA claim significantly reducing potential recoverable damages
- Mario DeVita, Administrator of the Estate of Lois J. DeVita, v. Thomas Schickling, Individually and d/b/a Nash Real Estate, Inc., et al. , P.C.C.P.; represented insured in wrongful death and intentional tort and significant psychiatric claim case and received defense verdict
- Holbrook v. John Crane Inc., 80 F.3d 777 (3 rd Cir. 1996), retrial affirmed, 135 F.3d 764 (3 rd Cir. 1997); represented an insured in a wrongful death action; prevailed twice at the trial court level and the verdict was upheld on appeal
Recognition & Involvement
Wes is an AV® rated attorney by the Martindale-Hubbell peer review rating system. In 2012, he was recognized by the Legal Intelligencer as an "Unsung Hero" for his dedication and service to the pro bono community.
News
- February 22, 2012
- September 23, 2011
- October 5, 2010
- 2010
- 2010
Events
- Optimizing Opportunities in Touch Times24th Annual Pennsylvania Bar Association Minority Attorney Conference (course planner), (Pittsburgh, Pennsylvania)March 15 and 16, 2012
- Strategic Pointers in Defending Underlying Coverage Decisions and Bad Faith ActionsThe American Conference Institute’s 22th National Advanced Forum on Bad Faith Litigation (Orlando, FL)November 29, 2011
- Social Media and Litigation: Wrangling the Wild WestPhiladelphia Bar Association, Bench Bar Conference (Atlantic City, NJ)October 15, 2011
- Support of Veterans CourtsValley Forge Military AcademySeptember 7, 2011
- Civility and the Practice of LawEarle Mack School of Law – Drexel University, (Philadelphia, PA)August 19, 2011
- What Juror's Really Think about Low Impact Auto AccidentsPennsylvania Bar Institute (Philadelphia, PA)August 11, 2011
- Civil Procedure and Rules UpdatePennsylvania Defense Institute (Bedford, PA)July 22, 2011
- Legal Issues Affecting Military PersonnelPennsylvania Bar Institute (Mechanicsburg, PA)June 14, 2011
- Tort Reform: The Next Round? (Civil Practice & Procedure)Pennsylvania Defense Institute (Grantville, PA)May 19, 2011
- Dining Out: Legal Issues for Restaurants and their CustomersPennsylvania Bar Institute (Philadelphia, PA)April 21, 2011
- Douglass Scholars Program: Frederick Douglass’ Twelve Principals of Leadership and SuccessPennsylvania Bar Institute (Philadelphia, PA)April 15, 2011
- Fraud: A Most Used and Least Understood ActionPennsylvania Bar Institute (Mechanicsburg, Pittsburgh and Philadelphia, PA)April 2011
- Dodd-Frank: Wall Street Reform and Consumer Protection Act-Creation of the Offices of Federal Insurance and of Minority and Women Inclusion23rd Annual Pennsylvania Bar Association Minority Attorney Conference (Philadelphia, PA)March 17, 2011
- The Attorney–Client Privilege (Ethics): A One Way Street in PennsylvaniaThe American Conference Institute's 21th National Advanced Forum on Bad Faith Litigation, Orlando, FloridaDecember 1, 2010
- Bad Faith Hotbeds Workshop: Pennsylvania Bad Faith Law UpdateThe American Conference Institute's 21th National Advanced Forum on Bad Faith Litigation, Orlando, FloridaNovember 30, 2010
- Civility and the Practice of LawEarle Mack School of Law – Drexel University, Philadelphia, PennsylvaniaAugust 19, 2010
- Symptom Magnification and MalingeringCEU Institute, Norristown, PennsylvaniaAugust 18, 2010
- What Jurors Really Think about Low Impact Auto AccidentsThe Pennsylvania Bar Institute, Mechanicsburg, PennsylvaniaJuly 13, 2010
- Keeping the Faith: The Life of William Jennings BryanPennsylvania Bar Institute, Philadelphia, PennsylvaniaJuly 7, 2010
- • Point/Counter Point: The Plaintiff and Defense Bar Speak Out on Dealing With Bad Faith Claims in Disability LitigationThe American Conference Institute's 13th Annual National Advanced Forum on Litigating Disability Insurance Claims, Boston, MassachusettsJune 24, 2010
- Practicing Beyond Your Area of Expertise - Ethical ConsiderationsPennsylvania Bar Association, Minority Bar Committee, 22nd Annual Minority Attorney Conference, Philadelphia, PennsylvaniaMarch 19, 2010
- • Psychology & Technology for Commercial Litigators: Technical Aspects of Using Technology - When It Works, When It Doesn't WorkPennsylvania Bar Institute, Philadelphia, PennsylvaniaMarch 16, 2010
- Bad Faith Hotbeds Workshop: Pennsylvania Bad Faith Law UpdateThe American Conference Institute's 20th National Advanced Forum on Bad Faith Litigation, Orlando, FloridaFebruary 19, 2010
- Impeach Justice Douglas!(Ethics), panelist, Pennsylvania Bar Institute, Philadelphia, Pennsylvania,November 18, 2009
- Clarence Darrow: Search for Justice(Ethics), panelist, Pennsylvania Bar Institute, Philadelphia, PennsylvaniaAugust 27, 2009
- The Best Available Forum And The Right Law For The Best ResultThe Defense Research Institutes, Insurance Bad Faith and Extra-Contractual Claims Symposium, Boston, MassachusettsJune 19, 2009
- Policy Interpretation: Ensuring Factual And Legal Support For Your Definitions' Of Policy LanguageThe American Conference Institute's 12th National Advanced Forum on Litigating Disability Insurance Claims, Boston, MassachusettsJune 16, 2009
- Bad Faith Update11th Annual Personal Injury Potpourri, Dispute Resolution Institute, Philadelphia, PennsylvaniaApril 7, 2009
- Building Your Practice Through Building Your CommunityPennsylvania Bar Association, Minority Bar Committee, 21st Annual Minority Attorney Conference, Harrisburg, PennsylvaniaApril 3, 2009
- Avoiding Bad Faith Landmines Involving Health Care and Disability ClaimsThe American Conference Institutes Defense Counsel Summit, Orlando, FloridaNovember 12, 2008
- Clarence Darrow: Crimes, Causes & The Courtroom(Ethics), panelist, Pennsylvania Bar Institute, Philadelphia, PennsylvaniaNovember 10, 2008
- Fundamentals of the Bad Faith Claim(Workshop) The American Conference Institute's 14th Advanced National Forum on Litigating Bad Faith Claims, Miami, FloridaNovember 8, 2008
- Detecting Insurance Fraud - EthicsThe CEU Institute, Reading, PennsylvaniaNovember 5, 2008
- The Made Whole Doctrine and Bad Faith Issues Arising From Property and Auto Subrogation ClaimsPennsylvania Defense Institute, Annapolis, MarylandOctober 14, 2008
- 3rd Annual Diversity Summit, 2008 Best Practices in Hiring and Retention - SoloSmall & Midsize Firm Approaches to Diversity Panel, Pennsylvania Bar Association, Minority Bar Committee, Philadelphia, PennsylvaniaOctober 2, 2008
- Long Term Disability Insurance Litigation: Considerations and Strategies, Interpreting and Using Results of Neuropychological ExamsThe American Conference Institute's, 11th National Advanced Forum on Disability Insurance Claims & Litigation, Boston, MassachusettsJune 12, 2008
- Long Term Disability Insurance Litigation: Considerations and Strategies(Workshop) The American Conference Institute's, 11th National Advanced Forum on Disability Insurance Claims & Litigation, Boston, Massachusetts,June 10, 2008
- 20th Annual Minority Attorney Conference, Law Firms and Corporate Counsel PanelPennsylvania Bar Association, Minority Bar Committee, Philadelphia, PennsylvaniaApril 25, 2008
- DiversityDefense Research Institute, Life, Health & Disability and ERISA business meeting, San Francisco, CaliforniaApril 24, 2008
- Does the Judge Pro Temp Program Need to be Improved? What Issues Face Lawyers Today?Philadelphia Bar Association's State Civil Litigation Section 2007 Annual Meeting, Philadelphia, PennsylvaniaNovember 28, 2007
- Business Development Secrets of Successful Diversity LawyersNational Constitutional Center Audio Conference, Philadelphia, PennsylvaniaNovember 12, 2007
- Soul of JusticeDiscussion Moderator, Philadelphia Bar Association Minorities in the Professions Committee Speaker Series, Philadelphia, PennsylvaniaOctober 25, 2007
- 2nd Annual Diversity Summit, 2007 Best Practices in Hiring and Retention - Law Firms and Corporate Counsel PanelPennsylvania Bar Association, Minority Bar Committee, Philadelphia, PennsylvaniaOctober 23, 2007
- Long Term Disability Insurance Litigation: Considerations and Strategies(Workshop) The American Conference Institute's, 10th National Advanced Forum on Disability Insurance Claims & Litigation, Boston, MassachusettsJune 5, 2007
- Malpractice Avoidance Seminar: The Tripartite Relationship, Prohibitions Against Sharing Client Information and Opening Default JudgmentsWhite and Williams LLP, Philadelphia, PennsylvaniaJune 4, 2007
- Recruiting and Retaining Minority Attorneys: Successful Law Firm Initiatives(Panelist) Philadelphia Bar Association's Minorities In The Profession Speaker Series, Philadelphia, PennsylvaniaApril 26, 2007
- Fundamentals of the Bad Faith Claim, Pennsylvania Bad Faith UpdateThe American Conference Institute's 14th Advanced National Forum on Litigating Bad Faith Claims, San Francisco, CaliforniaApril 25, 2007
- Fundamentals of the Bad Faith Claim(Workshop) The American Conference Institute's 14th Advanced National Forum on Litigating Bad Faith Claims, San Francisco, CaliforniaApril 24, 2007
- 1st Annual Diversity Summit, Report of Law Firms and Corporate Counsel in Pennsylvania(Moderator) Pennsylvania Bar Association, Minority Bar Committee, Philadelphia, PennsylvaniaDecember 1, 2006
- Fundamentals of the Bad Faith Claim, State v. Federal Court: The Right Forum - For the Right ResultThe American Conference Institute's 14th Advanced National Forum on Litigating Bad Faith Claims, Miami, FloridaNovember 9, 2006
- Racial Diversity and the Law(Panelist), Philadelphia Bar Association Speakers' Series, Philadelphia, PennsylvaniaSeptember 28, 2006
- Fundamentals of the Bad Faith Claim(Workshop), The American Conference Institute's 13th Advanced National Forum on Litigating Bad Faith Claims, San Francisco, CaliforniaApril 26, 2006
- Underinsured Motorist Claims and Coverage DisputesThe American Conference Institute's Advanced National Forum on Auto Insurance Claim and Litigation Forum, Las Vegas, NevadaJanuary 26, 2006
- Fundamentals of the Bad Faith Claim(Workshop), The American Conference Institute's 12th Advanced National Forum on Litigating Bad Faith and Punitive Damages, Miami, FloridaNovember 16, 2005
- Pennsylvania 2005 Bad Faith UpdateHarford Mutual Insurance Company, Bel Air, MarylandJune 21, 2005
- Bad Faith Update: Top 10 Issues, Mealey's Third Annual Advanced Insurance Coverage ConferencePhiladelphia, PennsylvaniaJanuary 2005
- The Effect of Campbell on Pennsylvania Bad Faith LitigationPennsylvania Defense Institute, Hershey, PennsylvaniaSeptember 2003
- What Settles Cases From A Defense PerspectivePersonal Injury Potpourri, Dispute Resolution Institute, Philadelphia, PennsylvaniaApril 18, 2000
Publications
- Voter ID Laws: The 21st Century Version of the Poll TaxMarch 2012The Legal Intelligencer
- Dodd-Frank: Financial and Diversity AccountabilityJune 2011The Legal Intelligencer
- The Interplay Between Veterans Disability and Social Security Disability ClaimsMay 2011Pennsylvania Bar Institute Military Affairs Handbook
- The Value Diverse Attorneys Add to the Practice of LawApril 23, 2011The Legal Intelligencer
- January 2010CounterPoint
- October 1, 2009CounterPoint
- April 23, 2009The Legal Intelligencer
- February 2009
- October 2008
- June 13, 2008
- June 13, 2008Washington Legal Foundation
- 2008The Legal Intelligencer
- Winter 2008
- May 21, 2007The Legal Intelligencer
- Life, Health and Disability News Alert
Practice areas
Bar and Court Admissions
Pennsylvania
Maryland
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
Education
University of Maryland School of Law, JD, 1988
- President, Student Bar Association
Washington Lee University, BA, cum laude, 1985
Memberships
Defense Research Institute
Pennsylvania Bar Association
Pennsylvania Defense Institute
Philadelphia Association of Defense Counsel
Philadelphia Bar Association
Philadelphia Diversity Law Program

