Melinda S. Nenning
Member
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direct 614.229.3202
assistant 614.229.3361
Overview
Melinda focuses her practice on counseling insurance companies on directors and officers liability and professional liability insurance coverage. A seasoned commercial litigator prior to joining Bailey Cavalieri, Melinda utilizes that experience to counsel insurers in the defense and settlement of complex claims, both domestic and international, involving private, public and non-profit U.S. companies, multi-national corporations, and financial institutions. Melinda takes a practical approach to claims-handling and her participation in 100+ mediations has yielded a range of effective negotiating strategies to achieve client- and claim-specific resolutions.
Melinda’s expertise lies in primary and excess directors and officers, employment practices liability, errors and omissions, miscellaneous professional liability, and fiduciary liability policies, including representing clients in multi-insurer and multi-tower coverage disputes. Melinda also represents insurer clients in coverage and bad-faith litigation at both the trial and appellate levels in state and federal courts around the country.
Melinda currently serves on Bailey Cavalieri’s Political Action Committee and Compensation Committee, and she is a co-founder of the Firm’s Women’s Initiative. She is passionate about mentoring young lawyers both within and outside the Firm.
In addition to her practice, Melinda is committed to serving the community. She currently sits on the Board of Directors and several committees of The Women’s Fund of Central Ohio, where she has also served as a volunteer and grant reader since 2012. Melinda has also participated with other Bailey Cavalieri personnel in LifeCare Alliance’s Meals on Wheels Program, provided pro bono legal services in landlord/tenant and collections matters through The Legal Aid Society of Columbus, and volunteered as a guardian ad litem through CASA of Franklin County.
Practice Areas
Credentials
Education
University of Toledo, J.D., summa cum laude, 2005
Bowling Green State University, B.A., summa cum laude, University Honors, Phi Beta Kappa, 2001
Bar Admissions
Ohio
United States Court of Appeals, Sixth Circuit
United States Court of Appeals, Ninth Circuit
United States District Court, Northern District of Ohio
United States District Court, Southern District of Ohio
United States District Court, District of Colorado
United States District Court, Eastern District of Michigan
Professional Highlights
Noteworthy Experience
Obtained summary judgment ruling in California federal district court, which was affirmed by the Ninth Circuit, on behalf of a D&O insurer in connection with its denial of coverage to outside directors of a payroll processing company based on the applicability of a broad-form professional services exclusion.
Prevailed on cross-motions for summary judgment in coverage litigation in Michigan federal district court, which held that because the contract and tort claims in the underlying arbitration arose out of the parties’ distribution agreement, coverage under a D&O policy was precluded by the policy’s contractual liability and product exclusions.
Obtained summary judgment in Texas state court in coverage litigation filed by the bankruptcy estate of a tax resolution company and its former President to challenge a D&O insurer’s denial of coverage for regulatory subpoenas, enforcement actions, and consumer class action lawsuits based on the policy’s professional services exclusion and definition of Claim.
Obtained summary judgment in Wisconsin state court on behalf of an EPL insurer in connection with its denial of coverage under a claims-made-and-reported policy for EEOC charges that were not timely reported to the insurer, but were reported to the insured’s broker during the policy period.
Obtained dismissal of coverage litigation filed in Ohio state court against an E&O insurer that denied coverage for a lawsuit filed against an insured title insurance company based on the prior notice exclusion contained in a claims-made-and-reported policy.
Affiliations and Civic Involvement
Professional Liability Underwriting Society (PLUS)
Member, Ohio State Bar Association
Member, Ohio Women’s Bar Association
Member, Columbus Bar Association
The Legal Aid Society of Columbus, Volunteer Resource Center (2006-08; 2012-Present)
Women’s Fund of Central Ohio, Volunteer and Grant Reader (2012-Present)
Meals on Wheels (2012-Present)
Member, Ohio Women’s Bar Foundation Leadership Institute (2013-14)
YWCA Columbus Leadership Luncheon Series, Steering Committee (2008-2015)
YWCA Columbus Gen Y Leadership Project (2008-09)
Melinda focuses her practice on counseling insurance companies on directors and officers liability and professional liability insurance coverage. A seasoned commercial litigator prior to joining Bailey Cavalieri, Melinda utilizes that experience to counsel insurers in the defense and settlement of complex claims, both domestic and international, involving private, public and non-profit U.S. companies, multi-national corporations, and financial institutions. Melinda takes a practical approach to claims-handling and her participation in 100+ mediations has yielded a range of effective negotiating strategies to achieve client- and claim-specific resolutions.
Melinda’s expertise lies in primary and excess directors and officers, employment practices liability, errors and omissions, miscellaneous professional liability, and fiduciary liability policies, including representing clients in multi-insurer and multi-tower coverage disputes. Melinda also represents insurer clients in coverage and bad-faith litigation at both the trial and appellate levels in state and federal courts around the country.
Melinda currently serves on Bailey Cavalieri’s Political Action Committee and Compensation Committee, and she is a co-founder of the Firm’s Women’s Initiative. She is passionate about mentoring young lawyers both within and outside the Firm.
In addition to her practice, Melinda is committed to serving the community. She currently sits on the Board of Directors and several committees of The Women’s Fund of Central Ohio, where she has also served as a volunteer and grant reader since 2012. Melinda has also participated with other Bailey Cavalieri personnel in LifeCare Alliance’s Meals on Wheels Program, provided pro bono legal services in landlord/tenant and collections matters through The Legal Aid Society of Columbus, and volunteered as a guardian ad litem through CASA of Franklin County.
Practice Areas
Education
University of Toledo, J.D., summa cum laude, 2005
Bowling Green State University, B.A., summa cum laude, University Honors, Phi Beta Kappa, 2001
Bar Admissions
Ohio
United States Court of Appeals, Sixth Circuit
United States Court of Appeals, Ninth Circuit
United States District Court, Northern District of Ohio
United States District Court, Southern District of Ohio
United States District Court, District of Colorado
United States District Court, Eastern District of Michigan
Noteworthy Experience
Obtained summary judgment ruling in California federal district court, which was affirmed by the Ninth Circuit, on behalf of a D&O insurer in connection with its denial of coverage to outside directors of a payroll processing company based on the applicability of a broad-form professional services exclusion.
Prevailed on cross-motions for summary judgment in coverage litigation in Michigan federal district court, which held that because the contract and tort claims in the underlying arbitration arose out of the parties’ distribution agreement, coverage under a D&O policy was precluded by the policy’s contractual liability and product exclusions.
Obtained summary judgment in Texas state court in coverage litigation filed by the bankruptcy estate of a tax resolution company and its former President to challenge a D&O insurer’s denial of coverage for regulatory subpoenas, enforcement actions, and consumer class action lawsuits based on the policy’s professional services exclusion and definition of Claim.
Obtained summary judgment in Wisconsin state court on behalf of an EPL insurer in connection with its denial of coverage under a claims-made-and-reported policy for EEOC charges that were not timely reported to the insurer, but were reported to the insured’s broker during the policy period.
Obtained dismissal of coverage litigation filed in Ohio state court against an E&O insurer that denied coverage for a lawsuit filed against an insured title insurance company based on the prior notice exclusion contained in a claims-made-and-reported policy.
Affiliations and Civic Involvement
Professional Liability Underwriting Society (PLUS)
Member, Ohio State Bar Association
Member, Ohio Women’s Bar Association
Member, Columbus Bar Association
The Legal Aid Society of Columbus, Volunteer Resource Center (2006-08; 2012-Present)
Women’s Fund of Central Ohio, Volunteer and Grant Reader (2012-Present)
Meals on Wheels (2012-Present)
Member, Ohio Women’s Bar Foundation Leadership Institute (2013-14)
YWCA Columbus Leadership Luncheon Series, Steering Committee (2008-2015)
YWCA Columbus Gen Y Leadership Project (2008-09)