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Joseph A. Bailey III

Partner

People

Joseph A. Bailey III

Partner

People

Joseph A. Bailey III

Partner

Full Profile

Joseph Bailey represents insurers in a wide variety of litigation and counseling matters arising under directors and officers and financial institutions professional liability insurance policies. Joe has litigated coverage issues in state and federal courts throughout the country, at both the trial and appellate level. Joe has also acted as monitoring or coverage counsel in connection with a wide variety of proceedings against public and private company insureds, including securities litigation, derivative actions, criminal and regulatory investigations, bankruptcy adversary proceedings, antitrust litigation and employment litigation. He has been representing insurers in directors and officers and professional liability insurance matters since 2002.

Admissions

  • District of Columbia
  • Virginia

Education

  • J.D., University of Virginia School of Law, 2001
  • A.B., magna cum laude, Princeton University, 1998

Memberships

  • Professional Liability Underwriting Society (PLUS)
Experience
  • Prevailed on summary judgment and appeal, in Florida federal district court (2016) and the Eleventh Circuit (2017), in coverage and bad faith action involving whether a prior acts exclusion barred coverage for the non-recourse settlement of a suit against a failed bank's officers
  • Won ruling in 2014 in federal district court in Pennsylvania, later affirmed in relevant part by the Third Circuit, that a bank's settlement of overdraft fee litigation was not covered "Loss"
  • Obtained summary judgment ruling from California federal district court in 2013 to the effect that an Insured v. Insured exclusion barred coverage for settlement of wage and hour claim
  • Prevailed on motion to dismiss in action brought against D&O insurer by underlying plaintiff against insureds, on standing and collateral estoppel grounds
  • Represented insurers in variety of litigation and pre-litigation coverage disputes and counseling matters involving D&O, E&O, private equity and FIPL insurance policies
  • Acted as monitoring counsel for D&O insurers in wide variety of matters, including securities class actions, shareholder derivative litigation, private equity litigation arising from portfolio company failures, and various types of private company litigation

Publications

  • "Trio of Recent Cases Affirms Broad Scope of Contract Exclusion," PLUS Journal, November 2008

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Expertise

Offices & Regions covered