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Anthony L. Miscioscia Partner

Co-Chair, Insurance Coverage and Bad Faith 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 over 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; premises liability; advertising injury/intellectual property; first party property and business interruption; homeowner’s; legal, accounting and other professional liability; food contamination/product recall; environmental liability; educator's legal liability; employment discrimination; employee benefits coverage; and bad faith claims. Tony’s work includes advising and defending insurers in insurance coverage disputes, including first party business interruption and civil authority shutdown claims related to the ongoing coronavirus/COVID-19 pandemic, and large, multi-party construction defect 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 (including risk transfer and additional insured tenders).

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

  • Currently acts as national coordinating counsel for an insurer for COVID-19 insurance first and third party claims, including business interruption, medical facility liability, and college/university third party liability related to alleged COVID injuries or disruption.

  • 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 mediate disputes and address contractual and additional insured tenders and/or to intervene in underlying construction defect actions for purposes of submitting special jury interrogatories allocating possible award between covered and uncovered damages

  • 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 obtained rescission of insurance policy issued to demolition contractor sued for causing death and bodily injuries in high exposure building collapse case, based on material misrepresentation in the policy application

  • Won summary judgment, affirmed on appeal, in favor of CGL insurer defeating claims for bodily injury and/or personal injury coverage relating to the Luzerne County Pennsylvania cash for kids cases

  • Defeated claimant/assignee claim against professional liability insurer, where the claim against the insured was made during one period but reported under another

  • 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

  • Assisted several carriers, and a self-insured entity, in reviewing, revising and drafting third party liability coverage forms

  • 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

  • Successfully defended pharmaceutical distributor in commercial arbitration brought by manufacturer seeking contractual indemnity

Recognition & Involvement

Anthony was recognized as a “Top 10 Author” in Insurance in the JD Supra 2020 Readers' Choice Awards. Anthony was recently selected by his peers for inclusion in The Best Lawyers in America 2021 list in the practice area of Insurance Law.

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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