Milwaukee Office
Tel: (414) 277-5317
Fax: (414) 978-8917
Jeffrey O. Davis
Partner
Jeff Davis is chair of the insurance recovery group at Quarles & Brady. He creates high-level litigation and risk management strategies to achieve success for clients, particularly those who are involved in asbestos and similar long tail exposures. He comes from a commercial litigation background, and continues to represent clients in various commercial litigation matters, but over the course of his career has broadened his focus to assist corporate clients in addressing and managing risk in a broad array of corporate liability exposures, including D&O, EPL, fiduciary, transactional, and cyber.
Jeff has argued a number of leading insurance coverage decisions on behalf of policyholders in the Wisconsin Supreme Court, and has also obtained summary judgments and arbitration awards for insured manufacturer clients in multi-million dollar coverage disputes involving commercial general liability policy issues arising out of asbestos and other long tail claims. He also frequently writes, teaches and lectures on these and other insurance-related subjects. His commercial litigation experience has long included a focus on representing employers and employees in contested restraining order and injunction hearings involving covenants not to compete and trade secret claims, and he continues to maintain an active practice in that area as well.
Following are representative examples of Jeff's experience.
Insurance Coverage
Represented the policyholders in what are generally considered two of the most significant insurance coverage cases for long tail claims in the history of Wisconsin jurisprudence, resulting in billions of dollars of coverage for Wisconsin policyholders:
· Plastics Engineering v. Liberty Mutual, 315 Wis.2d 556, 759 N.W.2d 613, 2009 WI 13. Obtained adoption of "all sums" allocation method and multiple occurrence theory which allows insureds to receive full defense and indemnity for asbestos and similar long tail claims.
· Johnson Controls v. Employers Insurance of Wausau, 2003 WI 108, 264 Wis.2d 60, 665 N.W.2d 257. Obtained overruling of City of Edgerton v. General Casualty Co., paving the way for insurance coverage for environmental liability.
Commercial Litigation
· Harley-Davidson in Tietsworth v. Harley-Davidson, 270 Wis.2d 146, 677 N.W.2d 233, 2004 WI 32 (2004). Represented Harley Davidson, obtaining reversal in a class action suit seeking damages based on a product's alleged "propensity to fail."
· Foxwood Estates Homeowners Ass'n v. Foxwood Estates, LLC, Case No. 2013AP1103 (Wis. App. 2015). Served as lead counsel for homeowners association (HOA) in three week jury trial which resulted in a verdict for the HOA awarding title and attorneys' fees and was upheld on appeal.
· Advises and litigates on issues concerning non-compete and unfair competition matters
Legal Services
· Insurance Coverage Litigation
· Intellectual Property Litigation
· Energy, Environment & Natural Resources
o Insurance − Policy Negotiation and Claims Litigation
· Trade Secrets and Unfair Competition
· Litigation & Dispute Resolution
· Appellate
· Financial Institutions Litigation
· Trade Secrets
Education and Honors
· Ohio State University–Moritz College of Law (J.D., 1987)
o Ohio State Law Journal (Member, 1986-1987).
· Miami University (B.S., 1984)
Bar Admissions
· Wisconsin
Court Admissions
· U.S. Supreme Court, 2004
· U.S. Court of Appeals, 11th Circuit, 2000
· U.S. Court of Appeals, Federal Circuit, 1992
· U.S. Court of Appeals, 7th Circuit, 1988
· U.S. District Court, Western District of Wisconsin, 1988
· U.S. District Court, Eastern District of Wisconsin, 1988
Professional and Civic Activities
· State Bar of Wisconsin (Member)
· Milwaukee Bar Association (Member; Bench Bar Committee, 1995-1997)
· American Bar Association (Member)
· State Bar of Wisconsin (Treasurer, Appellate Practice Section, 2000-2002; State Bar Program Co-chair, 2001-2002; Chairperson-Elect, 2003; Chair, 2004-2005
· State Bar of Wisconsin High School Mock Trial Tournament (Milwaukee region, Co-coordinator, 1995-2009)
· Fox Point Foundation (Board Member, 1992-1997; Treasurer, 1995-1997)
· Fox Point Village Ethics Board (2005-2007)
· Fox Point Village Trustee (2007-2009)
Professional Recognition
· Named a 2014 BTI Client Service All-Star by The BTI Consulting Group, Inc.
· Martindale-Hubbell AV® Peer Review Rated
· Listed in The Best Lawyers in America® (2013-present: Insurance Law)
· Selected for inclusion in the 2005–present Wisconsin Super Lawyers® lists (Business Litigation)
Publications and Presentations
05/24/18
Wisconsin Supreme Court Finds No Insurance Coverage for Employers Sued for Negligent Supervision of Employees Committing Assault
Insurance Coverage Litigation Law Alert
04/11/18
"Understanding and Avoiding Pitfalls with First Party Property Casualty Claims"
State Bar of Wisconsin
03/29/18
"Wisconsin Insurance Law Year in Review – 2017"
State Bar of Wisconsin
02/14/18
2017 Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Law Alert
02/14/18
"2017 Wisconsin Insurance Law Update"
Joint Meeting of the Wisconsin Chapter of RIMS, the Risk Management Society™ and Greater Milwaukee CPCU Chapter
11/30/17
"Almost Enough to Make You Wannacry: Identifying the Risks, Handling Claims, and the Role of Insurance in Data Breach and Cyber Security, presented as part of 'Trending Topics in Business Litigation 2017'"
State Bar of Wisconsin
11/07/17
More in the Aftermath of Irma: Key Insurance Considerations
Insurance Coverage Litigation Law Alert
03/29/17
"Why The 'Unavailability Exception' Makes Sense"
Law360
03/10/17
"Wisconsin Insurance Law Year in Review – 2016"
State Bar of Wisconsin
03/10/17
"Insurance Coverage for Data Breaches & Cyber Liability"
State Bar of Wisconsin
02/07/17
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Law Alert
12/01/16
"Getting the Most Out of Your Insurance Policy Against a Breaching Carrier: Extracontractual Rights and Remedies in Insurance Disputes"
State Bar of Wisconsin
06/23/16
"Allocation of Toxic Tort, Asbestos, Environmental, and Other Long-Tail Claims"
American Conference Institute’s 3rd National Insurance Allocation (New York, New York)
04/22/16
"Are CGL Data Breach Cases Already Meaningless?"
Law360
04/13/16
"BREAKING: Data Breach Covered Under Traditional Policy, 4th Circuit Says"
Safe and Sound
03/02/16
"Beyond the lnsurance Policy: Negotiating Cost Share and Coverage in Place Agreements in Long Tail Exposure"
Insurance Coverage Litigation Committee CLE Seminar (Tuscon, Arizona)
02/10/16
"2015 Wisconsin Insurance Law Update"
Joint Meeting of the Wisconsin Chapter of RIMS, the Risk Management Society™ and Greater Milwaukee CPCU Chapter
02/05/16
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Law Alert
12/04/15
"Indemnification Provisions and Related Insurance Issues"
State Bar of Wisconsin
12/01/15
"Insuring Virtual Assets Against the Very Real Risks of Loss: Insurance Coverage for Data Breach Incidents"
Quarles & Brady
11/12/15
"Reps and Warranties Insurance (RWI): What It Is and Why It Has Become a Critical ltem in your DeaI Toolbox"
Quarles & Brady Business Law Training
04/30/15
Wisconsin Supreme Court Concludes That Continued At-Will Employment Constitutes Lawful Consideration
Trade Secrets and Unfair Competition Law Update
03/02/15
Wisconsin Supreme Court Update
Insurance Coverage Litigation Law Alert
02/17/15
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Law Alert
02/16/15
Additional Insured Coverage May Be Limited By Terms of Underlying Contracts, Extrinsic to the Insurance Policy
Insurance Coverage Litigation Law Update
02/11/15
"2014 Wisconsin Insurance Law Update"
Wisconsin Chapter of RIMS, The Risk Management Society™
12/04/14
"Working with (and When Necessary Against) Insurers in Business Litigation"
State Bar of Wisconsin
11/21/14
"Solace For Wis. Suppliers Over Defective Components"
Law360
11/13/14
Wisconsin Court of Appeals - Insurance Coverage For Use of Wrong Ingredient
Insurance Coverage Litigation Law Alert
10/23/14
"The $64,000 (or $1,000,000) Question: Is this covered?"
Milwaukee Bar Association
09/26/14
Pollution Insurance (Chapter Author)
Construction Insurance: A Guide For Attorneys and Other Professionals (ABA)
09/01/14
Are We Covered for This? What Healthcare Lawyers Need to Know When They Get This Question
Quarles & Brady
06/03/14
"Dos and Don'ts Of D&O Coverage According to the FDIC"
Law360
05/20/14
FDIC Issues Advisory to Banks About Potential Pitfalls in D&O Coverage
Insurance Coverage Litigation Law Update
03/11/14
"Claims-Made Policies May Cover Claims Submitted Outside the Reporting Period"
FC&S Legal
03/03/14
Whose Insurance Is It Anyway? Set-Off and Contribution Rights in the Context of Settling Complex Coverage Cases
Insurance Coverage Litigation Committee, ABA
02/27/14
Claims-Made Policies May Cover Claims Submitted Outside the Reporting Period
Commercial Litigation Law Update
02/14/14
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Update
11/22/13
“Wis. Continues Pro-Insured Trend With Toxic Torts
Law360
11/07/13
Court of Appeals Bolsters Insured’s Right to Control Coverage
Commercial Litigation Law Update
07/17/13
Wisconsin Supreme Court Expands Volitional Acts Analysis to the Detriment of Policyholders
Insurance Coverage Litigation Law Update
04/01/13
Directors and Officers Liability Insurance: Coverage Basics and Emerging Issues, presented as part of "Trending Topics in Business Litigation"
State Bar of Wisconsin
03/01/13
Reservations Required - or Not? Recent Trends Concerning Reservation of Rights and the Impact on Defense Handling, Control and Conflicts of Interest
Insurance Coverage Litigation Committee, ABA
02/01/13
Insurance Policy Basics: Understanding Different Types of Policies
Wisconsin State Bar, On Demand CLE Webinar
02/01/13
Reservation of Rights Letters and Defense Handling After Maxwell
Wisconsin State Bar, On Demand CLE Webinar
02/01/13
Wisconsin Insurance Coverage Law: Recent Trends and Developments
Joint meeting of Wisconsin Chapter of Risk and Insurance Management Society and Chartered Property Casualty Underwriters (CPCU) Society (2010, 2012, 2013, 2014)
01/31/13
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Law Update
12/12/12
Arizona Rules on Meaning of "Suit" and Lack of Coverage for Stigma-Related Damages
Insurance Coverage Litigation Law Alert
06/19/12
Recent Decisions Underscore Importance of Communication With Carriers
Insurance Coverage Litigation Law Update
03/01/12
Insurance Coverage Litigation
Law Review CLE
01/31/12
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Update
01/01/12
Insurance Coverage For Business Torts and Related Claims presented as part of "Trending Topics in Business Litigation"
State Bar of Wisconsin
07/01/11
D&O Liability Insurance: Coverage Basics and Emerging Issues
Quarles & Brady Business Law Training
03/22/11
Fighting the Power: Construction Dispute Resolution with the U.S. Government
Construction Litigation Update
01/21/11
Wisconsin Insurance Law Year in Review
Insurance Coverage Litigation Law Update
09/13/10
Court Finds That Traditional Limits on Restrictive Covenants Do Not Apply to Employee Stock Option Agreement
Commercial Litigation Law Update
06/22/10
Ruling in Fox River Cleanup Case Allows Insureds to Maximize Insurance Coverage
Insurance Coverage Litigation Update
11/01/09
The Ethics and Obligations of Working With And/or Against Insurers
Quarles & Brady Ethics Seminar
08/03/09
Wisconsin Supreme Court Alters Legal Landscape For Restrictive Covenants in Employment Contracts
Commercial Transactions Litigation Update
01/30/09
Wisconsin Supreme Court Delivers Victory for Insureds
Insurance Coverage Litigation Update
01/01/08
Business Insurance and Coverage Issues for Corporate Counsel: What You Should Know Before You Have a Claim and What You Need to Know if Your Carrier Denies Coverage or Reserves Rights
Corporate Practice Institute