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Anthony L. Miscioscia Partner

Co-Chair, Insurance Coverage and Bad Faith Group and Bad Faith Extra-Contractual Liability Group
Philadelphia, PA | Direct 215.864.6356Fax 215.789.7659
misciosciaa@whiteandwilliams.com
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Anthony Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation matters. He is a knowledgeable and experienced coverage attorney and litigator who provides cost-effective, proactive advice to clients in the hopes of avoiding or minimizing litigation, and tenaciously represents clients in suit when needed.

Having nearly 25 years representing major property and casualty insurers and smaller regional insurance companies on a national and regional basis, insurance company clients look to Tony for advice on a number of complex and emerging issues under both first party and third party insurance policies. He has handled coverage and litigation matters including construction defect; advertising injury/intellectual property; property; homeowner’s; legal, accounting and other professional liability; food contamination/product recall; environmental liability; educator's legal liability, employment discrimination, and employee benefits coverage; and bad faith claims.

As a counselor, Tony advises his clients concerning their rights and obligations with respect to a variety of claims and different types of liability insurance policies, assists clients in evaluating and mediating claims, and identifies potential additional sources of recovery and/or contribution for defense or indemnity that may be owed to a particular insured.

When insurers find themselves at odds with their insureds, claimants and/or other carriers, insurers count on Tony to zealously represent their rights and interests in various state and federal courts, as well as in private arbitrations and mediations. Tony regularly defends insurance clients against bad faith, breach of contract and declaratory judgment claims, as well as litigates affirmative actions for declaratory relief, reimbursement and/or contribution. Tony also represents insurance company clients in intervention proceedings, allowing the insurers to have a say in shaping the jury verdict sheet or jury interrogatories that may lead to a verdict against an insured – so that the insurer can better allocate any indemnity between potentially covered exposure and uncovered amounts.

In addition to representing clients in the insurance industry, Tony also represents commercial clients in litigation and arbitration involving business and commercial disputes, including contractual indemnification, product liability, defamation and breach of contract claims. Over the years, he has arbitrated several multi-million dollar contractual indemnity/product liability cases.

Tony also partners with the insurance industry in educating both new and experienced claim professionals on topics ranging from advertising injury/intellectual property coverage and construction defect coverage to successor liability and employee benefits liability coverage. 

During law school, Tony served on the Editorial Board of the Virginia Law Review and was a member of the Order of the Coif.

Representative Matters

  • Successfully tried a case in federal court on behalf of an excess Directors and Officers insurer alleging unjust enrichment and other claims against primary carrier, and its claims handling entity, arising out of their wrongful settlement of underlying claims against common insureds, and secured a sizeable award for the client
  • Successfully litigated numerous insurance coverage actions on behalf of insurance company clients involving construction defect claims in multiple jurisdictions, as well as representing carrier clients in their efforts to intervene in underlying construction defect actions for purposes of submitting special jury interrogatories allocating possible award between covered and uncovered damages
  • Represented a liability insurer in evaluating scope of coverage, if any, available to an insured sued by a major food company for allegedly contaminating food product with metal particles
  • Defended first party property insurer in coverage and bad faith dispute involving the extent of loss at an insured’s building involving questions of whether debtor was an additional insured and scope of broker’s authority
  • Won appeal before the Pennsylvania Superior Court, reversing the trial court’s coverage ruling against insurance client, in a coverage dispute involving additional insureds, excess/primary and expected/intended injury exclusion issues
  • Defended liability insurer against suit brought by its insured seeking to recover what the insured paid to settle recall and other claims based on allegedly defective glue used in beer packaging

  • Obtained summary judgment for educators legal liability insurer denying defense and indemnity to an educator imprisoner for sexually assaulting a student
  • Litigated a declaratory judgment action for insurance carrier concerning coverage for an intellectual property lawsuit between cell phone technology companies
  • Represented first party property insurer in fire case involving dispute as to the extent of the insured premises.
  • Represented primary carrier in alleged multi-million dollar coverage lawsuit filed against numerous carriers by insured seeking coverage for a putative class alleging claims for alleged property damage and economic loss resulting from the installation of defective gas piping in their properties
  • Defended commercial litigation pharmaceutical client in multi-year arbitration, through trial and appeal, in defeating contractual indemnity claims against the client and obtaining a multi-million dollar award of sanctions/fees
  • Handled several lawsuits on behalf of insurance carrier client against its own Errors & Omissions carrier – seeking recovery for client’s alleged erroneous handling of insureds’ claims

Events

Publications

Bar and Court Admissions

Supreme Court of New Jersey

Supreme Court of Pennsylvania

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Western District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

Education

University of Virginia School of Law, JD, 1993

Duke University, BA, magna cum laude, 1990

Memberships

Council on Litigation Management

Philadelphia Bar Association

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