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Mark D. Malloy

Attorney Profile

Top Rated Business Litigation Attorney in Milwaukee, WI

Meissner Tierney Fisher & Nichols S.C.
111 East Kilbourn Avenue, 19th Floor
Milwaukee, WI 53202
Phone: 414-273-1300
Fax: 414-273-5840
Selected to Super Lawyers: 2015 - 2022
Selected to Rising Stars: 2006 - 2011
Licensed in Wisconsin Since: 1999
Practice Areas: Business Litigation, Business/Corporate
Attorney Profile

Attorney Mark D. Malloy is a shareholder with Meissner Tierney Fisher & Nichols S.C. law firm in Milwaukee, Wisconsin. Regarded as among the top attorneys in the country, Mr. Malloy holds his admission to practice in Wisconsin, Illinois and Minnesota, and he regularly represents business clients throughout the United States in complex legal disputes involving any of the following:

  • Extra-contractual/bad-faith litigation
  • Insurance coverage litigation
  • Professional liability defense
  • Business and corporate disputes
  • Construction defects litigation

As an attorney, Mr. Malloy has gained a reputation for his considerable knowledge and experience with the analysis and litigation of complex insurance coverage disputes, focusing particularly on professional liability insurance coverage claims. He advocates for and represents a variety of businesses across the country in extra-contractual areas, and he offers invaluable counsel regarding first- and third-party bad-faith claims, as well as excess verdict matters. 

Drawing upon his in-depth knowledge, he regularly conducts lectures and seminars on these topics and other subjects, and he offers authoritative testimony in litigation on behalf of companies and policyholders. Honored for his remarkable success as an attorney, Mr. Malloy has earned an AV Preeminent* peer review rating from Martindale-Hubbell and consistent recognition from The Best Lawyers in America. He has also received the Premier 100 Trial Attorney in Wisconsin award in 2015 from the American Academy of Trial Attorneys.

A 1993 cum laude graduate of the University of St. Thomas, Mr. Malloy obtained his Juris Doctor from William and Mitchell College of Law (now Mitchell Hamline School of Law) in 1998. He is an active member of the State Bar of Wisconsin, the Wisconsin Defense Counsel, the Milwaukee Bar Association, the Ramsey County Bar Association and the Minnesota State Bar Association, among others.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories - legal ability and general ethical standards.

Practice Areas
  • 50%Business Litigation
  • 50%Business/Corporate
Focus Areas

Business Formation and Planning, Business Organizations

Selections

8 Years Super Lawyers
6 Years Rising Stars
  • Super Lawyers: 2015 - 2022
  • Rising Stars: 2006 - 2011

About Mark D. Malloy

First Admitted: 1998

Professional Webpage: https://www.mtfn.com/attorneys/mark-d-malloy/

Honors/Awards

  • The Best Lawyers in America® (2016 – 2020); Milwaukee Lawyer of the Year® (Insurance Litigation, 2018)
  • American Academy of Trial Attorneys Premier 100 Trial Attorney in Wisconsin (2015)
  • Martindale Hubbell AV® Preeminent™ Peer Review Rated (2020)
  • Listed as a Wisconsin Super Lawyer, Wisconsin Super Lawyer, Wisconsin Super Lawyer, 2021
  • Milwaukee Lawyer of the Year - Insurance Litigation (2018), Best Lawyer (2016), Best Lawyer Milwaukee Lawyer of the Year - Insurance Litigation, https://www.bestlawyers.com/lawyers/mark-d-malloy/165153, 2018
  • Listed as a Rising Star in Wisconsin Super Lawyer, Rising Star, Wisconsin Super Lawyers, 2011

Representative Clients

  • MMIC
  • State Farm & Fire Casualty Company
  • State Farm Mutual Auto
  • Liberty Mutual Insurance Company
  • Liberty International Underwriters
  • Tokio Marina / HCC
  • United Fire Group
  • ERMC/CBL Properties

Educational Background

  • University of St. Thomas, B.A., cum laude, 1993

Videos

  • Attorney Mark Malloy, a shareholder with the Milwaukee, Wisconsin law firm of Meissner Tierney Fisher & Nichols S.C. discusses an emerging topic in insurance coverage litigation – insurance coverage for cyber loss. With business interactions becoming more electronic by the day, the risk of cyber loss and data breaches increase significantly. Mark explains the evolution of insurance claims for cyber loss, including claims under traditional liability policies, leading up to the creation of new coverages that are specifically tailored to cyber loss., Insurance Coverage for Cyber Loss: An Emerging Coverage, Insurance, 2016

Scholarly Lectures/Writings

  • Focused on recent developments over the past year in the areas of insurance coverage and bad faith litigation for medical professional liability insurers., Presenter, A Year in Coverage, Medical Professional Liability (MPL) Association’s 2019 Corporate Counsel Workshop, 2019
  • Speaker, The New Frontier: The Changing Landscape of Bad Faith in Wisconsin (Wisconsin Defense Counsel 2010 Winter Conference, December 2010)
  • Author, Schinner and Sustache: When is intentional assault accidental?, Wisconsin Defense Counsel Journal (Spring 2012)
  • Speaker, Bad Faith Claims from A-Z (National Webinar), National Business Institute (August, 2013)
  • Speaker, Bad Faith Update, Wisconsin Defense Counsel – WDC Summer Conference (Summer, 2013)
  • Speaker, Bad Faith Claims from A-Z (National Webinar), National Business Institute (August, 2014)
  • Speaker, Bad Faith Insurance Claims in Wisconsin, National Business Institute (September, 2014)
  • Advanced Insurance Bad Faith: Get Up to Speed with the Latest Changes, Challenges and Tools, Speaker, Advanced Insurance Bad Faith (National Teleconference), National Business Institute, Insurance, 2016
  • Speaker, Insurance Coverage & Bad Faith Defense Strategies (National Webinar), National Business Institute (January, 2015), Speaker, Insurance Coverage & Bad Faith Defense Strategies (National Webinar), National Business Institute, Insurance, 2015
  • Bad Faith Claims from A to Z: Gain Practical Tips That Can Make Any Bad Faith Case a Success!, Speaker, Bad Faith Claims from A-Z (National Webinar), National Business Institute, Insurance, 2015
  • Evaluating and Litigating Duty to Investigate in Insurance Coverage (National Teleconference), Speaker, Evaluating and Litigating Duty to Investigate in Insurance Coverage (National Teleconference), National Business Institute, Insurance, 2015

Verdicts/Settlements

  • Shotola v. State Farm The case involved significant injuries to a 9-year-old girl that occurred in an accident at a ski race in 2018. The plaintiff contended that the accident and the injuries were caused by our client. The jury returned a verdict finding no negligence on our client and determined that the plaintiff’s negligence was the sole cause of the injury, 2020
  • Wilder Chiropractic v. State Farm Fire & Casualty Co.  Obtained summary judgment on a breach of duty to defend and bad faith claim arising out of alleged failure to defend class action suit relating to claims for violation of TCPA.
  • Lakeside Foods v. Liberty Mutual Insurance Company Successfully tried and defended breach of duty to defend and bad faith claim arising out of insurance company’s representation of insured in complex commercial litigation matter in California. After bifurcating the bad faith claim, the duty to defend claim was tried to jury, and a defense verdict was obtained.
  • Artuk v. AKT Successfully defended claim, via three day evidentiary hearing, venued in United States District Court, Northern District of Illinois, relating to enforcement of settlement and stock purchase agreement between two shareholders.
  • Schueler v. Schoenecker, 2017 IL App (1st) 163377-U Obtained summary judgment and dismissal with prejudice of claims that our client had breached a non-compete agreement. Affirmed on appeal., 2017

Pro bono/Community Service

  • Vice President/Board Member, Junior Spartans Basketball, 2020
  • Nativity Jesuit Middle School, Mentor
  • Coach, Geography Bee, Tonawanda Elementary School, 2019

Bar/Professional Activity

  • Federation of Corporate Defense & Corporate Counsel , 2022
  • Defense Research Institute, Bed Faith Subcommittee, 2020
  • Ramsey County (MN) Bar Association
  • Milwaukee Bar Wisconsin
  • DRI™ (Defense Research Institute), Young Lawyers Subcommittee
  • Wisconsin Defense Counsel
  • State Bar of Wisconsin, 2020
  • Minnesota State Bar Association, 2020
  • Milwaukee Bar Association, 2020
  • Wisconsin Civil Defense Counsel, 2020
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Office Location for Mark D. Malloy

111 East Kilbourn Avenue
19th Floor
Milwaukee, WI 53202

Phone: 414-273-1300

Fax: 414-273-5840

Last Updated: 6/24/2022

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