Anthony L. Miscioscia

Anthony L. Miscioscia is a Principal and Co-Chair of the firm's Insurance Law Department and 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 suits when needed.

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• 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.
• Secured summary judgment ruling in favor of CGL insurer, holding that insurer had no duty to defend or indemnify its insured motel against underlying sex trafficking claims.
• 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 a manufacturer seeking contractual indemnity.
   

• Author, "Recent Decisions Raise Ceiling for Homeowners Seeking Coverage for COVID-19 Losses,"  The Legal Intelligencer (May 18, 2020)
• Author, "Pa. Ruling Doesn't Support COVID-19 Biz Interruption Claims," Law360 (April 23, 2020) 
• Author, "Insurer Paid Claim to Avoid Bad Faith; Reimbursed Because of Misrepresentation," Claims Journal (March 30, 2020) 
• Author, "Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense," The Temple 10-Q, (January 29, 2020)
• Author, "New Kvaerner Endorsements Revive the "Occurrence" Debate - But Will They Work?" The Brief (Summer 2018)
• Co-Author, "Rain on the Policyholders Parade - Kvaerner Decision Finally Overturned - Faulty Workmanship is Not an 'Occurrence'," Mealey's Litigation Report - Insurance (November 7, 2006)
• Co-Author, "Liability Insurance Coverage for Construction Defect Claims," FDCC Quarterly, Vol. 55, No. 4 (Summer 2005)
• Co-Author, "Insurance Coverage for Cyberspace Claims," Pennsylvania Law Weekly (August 28, 2000)
• Author, "The Bankruptcy Code and the New Value Doctrine: An Examination into History, Illusions, and the Need for Competitive Bidding," Virginia Law Review, Vol. 79, No.4 (May 1993)
   

• "Managing and Litigating First and Third-Party Bad Faith Claims: Insurer Strategies for Addressing Unique Challenges," Strafford CLE Webinar (December 14, 2023)
• “ESG, BIPA and COVID Claims and EPLI Coverage Issues,” PL US Webinar (January 11, 2023)
• "Insurer's Duties to Excess Carrier and Bad Faith,” Strafford Webinar (September 29, 2022)
• “Risk Transfer for Construction Defect Claims: Minimizing and Allocating Costs of Defense and Indemnity,” 2020 CLM Construction Conference (October 1, 2020)
• “Insurers Need to Seek Allocation Between Covered And Uncovered Claims (Or Pay A Price) - New Coverage Trend, Webinar (July 16, 2020)
• “Estopped from Denying Coverage: What Recent Cases Show and What Actions to Take Now,” Webinar (April 8, 2020)
• 4th Annual Construction Defect, Claims & Litigation Strategies, ExecuSummit, Uncasville, CT), (December 10-11, 2019)
• “East Coast Meets West Coast – Hot Construction Defect Issues and Coverage Cases from the Other Coast,” 2018 West Coast Casualty Construction Defect Seminar, Anaheim, CA (May 16, 2018)
• "Cutting-Edge Trends and Developments in Allocation Issues," Perrin Conference for Emerging Insurance Coverage & Allocation Issues, Philadelphia, PA (April 11, 2018)
• "What's Hot in Coverage: A Survey of the Latest and Greatest in Construction Coverage," 2nd Annual Construction Defect, Claims Litigation and Strategies ExecuSummit, Uncasville, CT, (December 5, 2017)
• "A Survey of the Latest and Greatest in Construction Coverage," Inaugural Construction Defect, Claims & Litigation Strategies ExecuSummit, Uncasville, CT, (December 6-7, 2016)