• David Wisz

David S. Wisz

David Wisz regularly represents insurance companies and their insureds in a variety of civil litigation matters.  His broad insurance experience ranges from personal injury defense litigation (including motor vehicle negligence and premises liability), construction defect litigation, and homeowners’ association litigation.  He regularly counsels insurance companies in matters of insurance coverage, and represents their interests in litigation arising out of insurance coverage disputes.

David also represents owners, general contractors, and others involved in the construction industry in contract interpretation and breach of contract litigation, payment disputes, and construction defect matters.  As a litigator, David has been involved in jury trials in more than 15 counties across the State of North Carolina, represented parties in hundreds of mediation conferences, and taken more than a thousand depositions.

Some of David’s representative experience includes the following:

  • Defended insured in motor vehicle negligence claim in which the plaintiff’s claimed injuries included bilateral hip replacement and presented medical bills far in excess of insurance policy limits.  Settlement reached for a sum within policy limits following deposition of plaintiff’s treating orthopedic surgeon
  • Defended insured in motor vehicle negligence claim in which plaintiff’s alleged injuries included lumbar spine fusion surgery.  Favorable settlement reached at mediation following identification of defense medical expert who would opinion that surgery was not causally related to the motor vehicle accident
  • Represented general contractor in lawsuit filed against a county board of education for damages incurred upon termination of contract for the construction of a school building.  Jury verdict rendered in favor of general contractor
  • Represented flooring installation subcontractor in lawsuit filed against them by national restaurant chain alleging defective work in more than 100 installations across multiple states.  Favorable settlement reached while motion for summary judgment was under consideration by the trial court.
  • Obtained a favorable commercial arbitration award in favor of a financial institution that was alleged to have breached a software licensing agreeement. The claimant software company sought in excess of $4,000,000 for alleged breach of contract and unjust enrichment damages in excess of $20,000,000, but the arbitrator awarded company only $13,000 in damages and ordered to reimburse a percentage of the financial institution's attorneys fees incurred in defending the matter

David graduated magna cum laude from St. Bonaventure University, earning a B.B.A. in Marketing with a secondary concentration in Management Sciences.  He then attended the University of Kentucky College of Law, where he earned his J.D. degree with High Distinction, was Order of the Coif, and served as a Notes Editor on the Kentucky Law Journal.

David and his wife, Kate, live in Raleigh with their 3 teenagers.  In his spare time, David enjoys spending time with his family, reading, and exercise (having completed 50 marathons and currently ranking as a 2nd Degree Senior Black Belt in Taekwondo).


Education

  • St. Bonaventure University, B.B.A., magna cum laude, 1991
  • University of Kentucky, J.D. with high distinction (Order of the Coif), 1994

Jurisdictions Licensed

  • N.C. and Kentucky State Courts
  • United States Supreme Court
  • U.S. Court of Appeals, Fourth and Sixth Circuits
  • All N.C. U.S. District Courts
  • U.S. District Court – Eastern District of Kentucky

Reported Cases

  • John Wm. Brown Co., Inc. vs. State Employees Credit Union, __ N.C.App. ___, 752 S.E.2d 185 (2013) - enforceability of settlement reached between owner and surety over the objection of the general contractor
  • Nationwide Ins. Co. v. Bourlon, 172 N.C.App. 545, 617 S.E.2d 40 (2005), aff’d per curiam, 360 N.C. 356, 625 S.E.2d 779 (2006) - nature and extent of attorney-client relationship in tripartite relationship between insurer, insured, and defense counsel retained to represent the insured
  • Leverette v. Labor Works Int’l, L.L.C., __ N.C.App. ___, 636 S.E.2d 217 (2006) - affirming summary judgment in favor of temporary employment agency against allegations of Wages and Hour Act violations by purported class action of temporary workers

Professional Affiliations

  • Wake County, North Carolina, Kentucky and American Bar Associations
  • N.C. Association of Defense Attorneys (current chair of General Liability Practice Group)
  • Defense Research Institute

Community Involvement

  • B.S.A. Troop 314 - Assistant Scoutmaster (2012 to present)
  • Member of Raleigh Kiwanis Club (2001 to present)
  • USA Swimming - Stroke and Turn official (2015 to present)
  • Taekwondo America - Level 2 Instructor (2017 to present)
  • Exploris Middle School - PTO Vice-President of Building & Grounds (2013 to 2015); parent representative on Strategic Planning Committee; assistant coach - Bridge Building Club
  • Partnership Elementary Foundation - Board Member (2010 to 2015); President (2010 to 2012)

Honors and Recognition

  • AV Rated - Preeminent (4.6/5.0), Martindale-Hubbell