Jennifer W. Wall

Full Bio

Jennifer is a Shareholder with LGWM, is co-chair of LGWM’s Insurance Coverage Practice Group and is a member of LGWM’s Executive Committee. Jennifer serves as coverage and monitoring counsel on a wide variety of complex coverage matters, including matters arising from directors and officers claims, professional liability claims, errors and omissions claims, cyber liability claims, and commercial general claims. Jennifer has represented insurers in insurance-related litigation, arbitrations, and mediations in numerous jurisdictions throughout the U.S.

Professional Profile

Cases of Note

• Represented insurer in arbitration involving extent to which insured was entitled to D&O coverage for a dispute between the insured and its umbrella carrier. Case was resolved for a fraction of the insurer’s policy limit.
• Represented insurer in coverage litigation involving equitable subrogation claims between two insurance carriers providing legal malpractice coverage to the same law firm over consecutive policy periods. Case was successfully mediated.
• Represented excess insurer in response to the reporting of potential claims against an insured investment management firm arising out of the Madoff Ponzi scheme. Analyzed coverage for claims subsequently made against the insured for alleged wrongful acts in failing to notify investors of the risks of investing in Madoff and various feeder funds.
• Represented insurer joined in medical malpractice lawsuit under Louisiana’s direct action statute. Identified and analyzed coverage defenses for underlying medical malpractice claim including argument for reduced limits based on endorsements applicable to policy. Represented insurer at mediation with insured and plaintiff in order to negotiate reasonable resolution of claim.
• Represented insurer in large scale coverage litigation and mediations involving coverage available to insured private equity firm for lawsuits filed after insured’s bankruptcy. The bankruptcy, and subsequent lawsuits and insurance claim, arose out of the collapse of the market for investments in residential mortgage-backed securities in heavily leveraged transactions financed by repurchase loan agreements. Representation of insurer included analysis of manuscript professional services exclusion, the filing of a successful motion to dismiss based on same, and the defense of insurer’s position on appeal.
• Represented insurer in an intervention action to set aside a $1.5 million default judgment against an insured after determining there was insufficient service of process. The default judgment ultimately was set aside.
• Advised insurer on coverage available for DOJ investigation of insured contractor for violation of the Fair Housing Act and Americans with Disabilities Act at multiple properties in the southeast U.S. over the course of 25 years. Analyzed multiple coverage issues including claim reporting and notice obligations, application of retroactive dates, insured status issues, and the impact of defense and settlement without insurer consent.
• Represented commercial general liability insurer in connection with a multimillion dollar construction defect claim asserted against insured product manufacturer, additional insured distributor and installer, and multiple other non-insured parties. Representation included analysis of trigger issues under Alabama, North Carolina, and Missouri law, evaluation of batch endorsements and resulting impact on self-insured retention obligations, and analysis of complex additional insured issues. Negotiated on behalf of client with insured and other carriers to ensure proper allocation of any defense or indemnity contribution ultimately made to resolve the claim.
• Advised insurer on coverage for insurance claims reported by insured international manufacturing company in response to SEC investigation of financial reporting practices and subsequent class actions filed against the insured in the U.S. and Canada. Representation involved analysis of the U.S. Securities Exchange Act and its Canadian counterpart, the Ontario Securities Act.
• Represented insurer against third-party complaint filed by an oil-well owner in connection with explosion of an oil well. Several workers were severely injured with one fatality. The oil-well owner sued the insurer seeking additional insured status and also asserted bad faith claims. Case was successfully mediated, with the insurer contributing less than 10% to the global settlement.
• Represented D&O insurer in arbitration with insured who was arrested and indicted on ten counts of securities fraud under the Alabama Code. Insured sought coverage for multi-million settlement reached in the underlying action. After identifying numerous coverage defenses, the coverage case was resolved for a fraction of the insurer’s policy limit at mediation.
• Advised insurer on coverage implications for lawsuit against insured investment fund based on insured’s alleged involvement in a Ponzi scheme, which defrauded $50M in real estate assets from a single client. Negotiated favorable resolution of claim for insurer with insured contributing 30% of settlement payment to client from its own funds.
• Represented insurer in dispute involving an insured temporary employment agency and client-employer after injury to worker on client’s job site. Representation required analysis of limitations on scope of additional insured coverage available to client-employers with whom temp employees are placed, analysis of the client-employer’s own insurance policy, and negotiation with client-employer’s carrier for contribution to resolve claim.
• Represented insurer in connection with an underlying lawsuit involving acquisition of a West Virginia coal mining operation. The insured was sued for various securities violations. Our coverage investigation revealed misrepresentations by the insured to the insurer, ultimately resulting in a successful disclaimer of coverage.
• Represented excess insurer in connection with $193M tower limits demand made against insured executive under professional indemnity insurance policy regarding alleged fraud to conceal trading losses. Case was successfully resolved through mediation.
• Represented D&O insurer in connection with claims resulting from the collapse of a failed casino project. Provided coverage advice to insurer under directors and officers liability and run off insurance policies following insured’s bankruptcy. Successfully negotiated a global settlement with the bankruptcy trustee.
• Advised insurer on complex insurance claim by insured financial services company after multiple claims were asserted against the insured by national banking institutions following the U.S. mortgage crisis. Identified and analyzed significant coverage issues including late reporting, trigger of prior policy years, interrelation, misrepresentation on insurance applications, and prior knowledge defenses. Represented insurer in subsequent coverage litigation and assisted insurer in negotiating favorable settlement.
• Represented excess carrier regarding claim made against insured private equity fund for disgorgement of dividend payment based on insured’s alleged involvement in fraudulent merger and buy-out. Case was successfully resolved through mediation.
• Counseled various insurers on commercial property coverage issues associated with hurricanes in the Gulf of Mexico.

Reported Cases

• Team Contractors, LLC v. Waypoint NOLA, LLC, 780 Fed.Appx. 132 (5th Cir. 2019) (third-party claimant cannot assert a bad faith failure to pay claim against an insurer)

Presentations

• ‘Arising Out Of’: Broad and Narrow Interpretations in Liability Policies,” LGWM Client Presentation (December 2023)
• “Handling Duty to Defend Cases” LGWM Client Presentation (October 2023)
• “‘Other Insurance’ Considerations for Professional Liability and Cyber Claims” LGWM Client Presentation (December 2022)
• “Independent Counsel: Issues Every Claim Handler Should Know,” LGWM Client Presentation (December 2021)
• “Critical Issues and Emerging Trends in Errors & Omissions Liability Insurance,” LGWM Client Presentation (May 2018)
• “Common Coverage Issues That Can Arise Under Digital-Technology and MPL Policies,” LGWM Client Presentation (May 2015)

Publications

• Jennifer W. Wall & Stephen E. Whitehead, The Insurance Tripartite Relationship: “Who Is My Client Anyway”?, 69 Ala. Lawyer 417 (2008).

Legal Assistant

Practice Areas

Coverage

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Professional Liability

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