Alycen A. Moss

Co-Chair, Property Insurance Group

Atlanta

(404) 572-2052

(877) 728-1396

Recent Publication:

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses [Property Insurance Law Observer Blog]

In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical damage” to property. In Gilreath Family & Cosmetic Dentistry Inc. v....

Alycen is Vice Chair, Office Managing Partner of the Atlanta office. She concentrates her practice in civil litigation, and she has extensive experience with matters pertaining to property, casualty, and trucking issues. She also regularly litigates civil and commercial matters pertaining to transportation and logistics, as well as mass and complex torts and class actions. Alycen has also litigated complex cases involving environmental and toxic exposures, including asbestos, diacetyl, mold, and chemical exposures. She has participated in all phases of the defense of these matters, from initial discovery through dispositive motions, expert discovery, settlement negotiations, and trial practice. She also advises companies on risk management strategies.

Alycen is the co-chair of the Property Insurance Group at Cozen O’Connor. She regularly advises property and casualty carriers on various coverage issues, and defends carriers in lawsuits brought by insureds. Alycen also handles life, health, disability, and commercial general liability claims. She has litigated numerous coverage issues, including bad faith, punitive damages, and deceptive trade practices claims.

Alycen also represents trucking companies, brokers, and logistics companies in disputes involving commercial transportation accidents, federal and state safety regulations, commercial insurance coverage disputes, and other disputes involving trucking companies. She is experienced in transportation law and has represented transportation clients in litigation scenarios involving truck accident litigation, employment issues (drivers and other personnel), and contract disputes. Additionally, Alycen has experience in intermodal matters and works with intermodal equipment providers, container and leasing companies and maintenance and repair vendors in defending intermodal claims and lawsuits. She also regularly advises companies on indemnification issues. Alycen has a unique ability to advise trucking companies on proactively assessing and addressing risk both internally and externally.

Alycen is an active member of the Federation of Defense & Corporate Counsel (FDCC). The FDCC comprises U.S. and international peer-reviewed leaders of the civil defense, corporate legal, and insurance industries. Membership in the FDCC is limited, selective, and by nomination only, and admission requires a rigorous peer review. Alycen is chair of the FDCC Property Insurance section, and she is vice chair of the Insurance Industry Institute Committee, the Professional Women’s Forum, the Bylaws & Resolutions Committee, the FedLife Committee, and the Membership Development and Retention Committee. She also sits on the Admissions Committee. In 2021, Alycen received FDCC’s John Appleman Award. This award honors the section chair who has made the most outstanding contribution to the advancement of the FDCC's educational goals through the work of his or her section.

Alycen is the co-chair of the Insurance Coverage section and creator/chair of the Women Litigators section of the Georgia Defense Lawyers Association.  

Alycen regularly speaks throughout the country, and she also provides training on claims handling, risk management issues, and updates regarding case law. Additionally, Alycen frequently writes articles on hot topics and emerging issues.

News

Cozen O’Connor Announces Seven New Shareholders

August 31, 2021

Cozen O’Connor is pleased to announce the promotion of seven members to shareholders: Steven P. Katkov, Erick J. Kirker, Cheri L. MacArthur, Alycen A. Moss, Lisa J. Myers, Michael Rafalko, and David A. Shimkin.

Alycen Moss Named the 2021 Recipient of the FDCC’s John Appleman Award

August 10, 2021

Cozen O’Connor is pleased to announce that Alycen Moss, member of the Global Insurance Department and co-chair of the firm’s Property Insurance Group, has been named the 2021 recipient of the Federation of Defense & Corporate Counsel’s John Appleman Award.

Cozen O’Connor Announces Changes to Firm Management

February 16, 2021

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2021 year.

Two Cozen O’Connor Attorneys Named to 2021 Georgia Super Lawyers List

February 12, 2021

Super Lawyers has named two attorneys at Cozen O’Connor to its 2021 list of top practitioners in Georgia.

Cozen O’Connor Attorneys Named to 2020 Georgia Super Lawyers List

February 20, 2020

Super Lawyers has named two attorneys at Cozen O’Connor to its 2020 list of top practitioners in Georgia. The Cozen O’Connor attorneys who have been recognized by their peers in Georgia as Super Lawyers are Alycen Moss (Insurance Coverage) and David Terry (Subrogation & Recovery).

Alycen Moss Elected to Membership in the Federation of Defense & Corporate Counsel

February 05, 2019

Alycen Moss has been elected by the board of directors for a U.S. Defense Counsel membership in the Federation of Defense & Corporate Counsel (FDCC). The FDCC comprises U.S. and international civil defense litigators, senior corporate counsel, and insurance claims executives and is dedicated to promoting knowledge, fellowship, and professionalism for lawyers and other professionals striving to achieve a balanced justice system in the defense of civil lawsuits. Moss becomes the fifth Cozen O’Connor lawyer to be admitted to the FDCC.

Alycen Moss Featured in ACE White Paper on Home Renovation Risks

September 30, 2014

Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, is featured in an ACE white paper titled ''Managing Home Renovation Risks for High Net Worth Homeowners.''

Publications

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses [Property Insurance Law Observer Blog]

September 01, 2021

In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical damage” to property. In Gilreath Family & Cosmetic Dentistry Inc. v....

No Bad Faith When Insurer Relied on Opinion of Independent Consultant [Property Insurance Law Observer Blog]

August 31, 2021

The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130 (Ga. Ct. App. 2021), the insured made a...

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois [Property Insurance Law Observer Blog]

August 17, 2021

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s discretion. In Club Gene and Georgetti, LP v. XL Insurance America, Inc., No....

Wind Before Storm May Blow Away Flood Exclusions [Property Insurance Law Observer Blog]

July 21, 2021

Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co., No. 2:21-CV-00825, 2021 WL 2383834 (W.D. La. Jun. 10, 2021), an insured...

Reasonableness of Insurer's Coverage Decision Determined by Evidence Available at Time of Decision [Property Insurance Law Observer Blog]

July 12, 2021

The Eighth Circuit Court of Appeals recently held that, under Iowa law, an insurer is not liable for breach of contract or bad faith if its coverage decision was objectively reasonable at the time it was made. In Hallmark Specialty Ins. Co. v. Phoenix C & D Recycling, Inc., No. 20-1339, 2021 WL...

First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss or Damage [Alert]

July 06, 2021

Alycen A. Moss and Elliot Kerzner discuss the Eighth Circuit's decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company.

Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims [Property Insurance Law Observer Blog]

June 28, 2021

The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims. In Omni Health Solutions, LLC v. Zurich Am. Ins. Co., No. 19-12406, 2021 WL 2025146...

Florida Court Holds Rust and Corrosion is "Act of Nature" [Property Insurance Law Observer Blog]

June 21, 2021

A Florida court recently held that rust and corrosion of water pipes is an “act of nature,” and, thus, was excluded from coverage under a homeowner’s insurance policy. In Dodge v. People’s Trust Insurance Company, 2021 WL 2217299 (4th DCA Jun. 2, 2021), Florida’s Fourth District Court of Appeals...

South Carolina Allows Depreciation of Labor Costs In ACV Calculation [Property Insurance Law Observer Blog]

June 09, 2021

Insurers in South Carolina may now depreciate both labor costs and material costs when determining the “actual cash value” (ACV) owed to policyholders for property damage. In Miriam Butler et al. v. Travelers Home and Marine Insurance Co. et al., Case No. 2020-001285 (S.C. May 12, 2021), the South...

Pennsylvania District Court Holds Materiality Does Not Require Fraud [Property Insurance Law Observer Blog]

June 03, 2021

A District Court in the Eastern District of Pennsylvania recently held that an insured’s submission of invoices altered to inflate replacement costs for water-damaged inventory constituted material misrepresentations. The court granted the insurer’s motion for summary judgment on its claims for...

Lack of Notice No Excuse for Failure to Settle [Avoiding Insurance Bad Faith Blog]

May 28, 2021

An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No. S21Q0227 (Ga. April 19, 2021). In Whiteside, the Georgia Supreme Court held...

Elaborate Jewelry Heist Results in No Coverage for Jewelry Store’s Loss Under Dishonest Entrustment Exclusion [Property Insurance Law Observer Blog]

May 24, 2021

The Appellate Division of the Supreme Court of New York has provided some clarity to New York businesses and their insurers dealing with loss resulting from fraudulent entrustment. In Crown Jewels Estate Jewelry, Inc. v. Underwriters At Interest At Lloyd’s London, Case No. 2020-04312 (N.Y. App....

Protests, Riots Raise Questions of Civil Authority Coverage [Best's Review]

March 05, 2021

Alycen Moss and Elliot Kerzner published an article in Best's Review titled, "Protests, Riots Raise Questions of Civil Authority Coverage" discussing property damage from the riots following the death of George Floyd in May 2020.

Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana? [Alert]

September 02, 2020

Joseph A. Ziemianski, Melissa Brill, Alycen A. Moss, Stephen P. Pate, and Paul C. Ferland discuss what insurers can expect based on prior hurricanes.

Eleventh Circuit Confirms Cleaning is not Direct Physical Loss [Property Insurance Law Observer Blog]

August 20, 2020

The Eleventh Circuit has provided some clarity to Florida businesses and their insurers dealing with COVID-19 claims. In Mama Jo’s Inc., d.b.a. Berries v. Sparta Ins. Co., No. 18-12887 (11th Cir. March 18, 2020), the Court held that a restaurant’s lost income and extra cleaning costs due to nearby...

JPML Will Not Allow Centralization of MDL Covid-19 Lawsuits [Property Insurance Law Observer Blog]

August 13, 2020

On April 20, 2020, two policyholders involved in Covid-19 class action suits filed the first motion with the Judicial Panel on Multidistrict Litigation (MDL) asking for the transfer and coordination or consolidation of two class actions suits filed in the U.S. District Court for the Eastern...

It’s Been a Privilege: The Erosion of the Attorney-Client Privilege

June 08, 2020

Alycen Moss and Danielle Le Jeune contributed an article to the 2020 GDLA Law Journal discussing the importance of the attorney-client privilege.

Coronavirus: Is There Coverage Under Property Insurance Policies? [Property Insurance Law Observer Blog]

March 18, 2020

Coronavirus (“COVID-19”) has disrupted events, supply chains, sales, and entire industries. As a result, businesses are going to look to their property insurers to recuperate lost business income, as well as expenses related to cleaning, sanitizing and decontamination. The first lawsuit alleging...

Property Insurance Coverage Issues Associated with COVID-19 [Alert]

March 16, 2020

Joe Ziemianski, Melissa Brill, Alycen Moss, Stephen Pate, and Paul Ferland discuss how courts have analyzed and applied first-party property policies for these types of non-physical losses, potential coverage under a civil authority provision, and pollution/contamination exclusions.

South Carolina Code Does Not Invalidate Notice and Cooperation Clauses [Avoiding Insurance Bad Faith Blog]

August 09, 2019

In late July, the South Carolina Supreme Court handed down a helpful ruling for insurers when it held that, if an insured fails to give notice to his automobile insurer of a pending claim, the insurer may deny coverage above statutory limits upon a showing that it was substantially prejudiced by its...

Climate-Related Cats [Best's Review]

June 01, 2019

Alycen Moss and Susie Lloyd contributed an article to Best's Review titled, Climate-Related Cats.

Georgia Supreme Court Spares Insurance Company from a $5.3 Million Bad-Faith Verdict [Avoiding Insurance Bad Faith Blog]

March 20, 2019

Last week, the Georgia Supreme Court confirmed that an insurance carrier’s duty to settle a claim against its policyholder arises only after an injured claimant presents a “valid offer” to settle within policy limits. In First Acceptance Insurance Company of Georgia v. Hughes,[1] the Court found...

Supply Chain Attorney Shares Top 10 Transportation Issues to Track [Supply Chain Management Review]

February 12, 2019

Alycen Moss discusses top transportation issues to track and how these issues impact the transportation industry.

Complicated Cats [Best's Review]

September 01, 2018

Alycen Moss, of Cozen O'Connor's Global Insurance department, published an article titled, Complicated Cats, for Best's Review.

Depreciation of Labor Costs When Determining Actual Cash Value: Henn v. American Family [Property Insurance Law Observer Blog]

June 20, 2017

In February, the Nebraska Supreme Court held that it is acceptable for insurance companies to depreciate labor costs when determining the actual cash value (ACV) of damaged property, even when the insurance policy does not define “actual cash value” or “depreciation.” See Henn v. American Family...

Georgia Supreme Court Clarifies Pre-Suit Offer Requirements [Avoiding Insurance Bad Faith Blog]

May 30, 2017

On March 6, 2017, the Georgia Supreme Court answered certified questions regarding the application of Georgia’s Pre-Suit Offer statute concluding that O.C.G.A. § 9-11-67.1, the statute dealing with the formation of settlement agreements pursuant to pre-suit offers to settle tort claims arising from...

Rescission: An Underutilized Tool [Avoiding Insurance Bad Faith Blog]

October 11, 2016

The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the contract; it is as if the insurance contract never existed. Although...

Rescission: An Underutilized Tool [2015 GDLA Law Journal]

June 01, 2015

Alycen Moss and Lynnette Espy-Williams discuss the statutory requirements regarding rescission, the contestable period, rescission methods, waiver considerations, the most common defenses to rescission, and a closing note on a likely claims from the insured – bad faith.

Events & Seminars

Past Events

29th Annual Property Seminar

August 12, 2021 - Marietta, GA

COVID Business Interruption

August 01, 2021 - White Sulphur Springs, WV

Top Property Cases of 2020

March 10, 2021 - Webinar

Top Property Cases of 2019

March 10, 2020 - Webinar

PLRB Large Loss Conference

November 13, 2019 - Jacksonville, FL

52nd GDLA Annual Meeting

June 06, 2019 - Ponte Vedra, FL

Webinar: The Top Ten Property Cases of 2018

February 27, 2019 - Webinar

2018 PLRB Large Loss Conference

November 26, 2018 - Nashville, TN

2018 Windstorm Insurance Network Conference

January 16, 2018 - Orlando, Florida

GDLA 50th Annual Meeting

June 15, 2017 - Palm Beach, FL

2017 Atlanta Insurance Seminar

May 18, 2017 - Atlanta, GA

2015 Atlanta Insurance Seminar

April 15, 2015 - Atlanta, GA

2014 Atlanta Insurance Seminar

September 03, 2014 - Atlanta, GA

Industry Sectors

Education

  • Georgia State University College of Law, J.D., 1998
  • Vanderbilt University, B.A., 1994

Awards & Honors

Federation of Defense & Corporate Counsel's (FDCC) John Appleman Award, 2021

Georgia Super Lawyer, 2019-2021

Rising Star by Georgia Super Lawyers, 2011 and 2012

  • Georgia
  • North Carolina
  • Georgia Court of Appeals
  • Georgia Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court -- Middle District of Georgia
  • U.S. District Court -- Northern District of Georgia
  • U.S. District Court -- Southern District of Georgia
  • U.S. District Court -- Eastern District of North Carolina
  • U.S. District Court -- Middle District of North Carolina
  • U.S. District Court -- Western District of North Carolina
  • Federation of Defense & Corporate Counsel
  • Georgia Defense Lawyers Association
  • American Bar Association
  • Atlanta Bar Association
  • Defense Research Institute
  • Georgia Defense Lawyers Association
  • Lawyers Club of Atlanta
  • North Carolina State Bar
  • State Bar of Georgia