Insurance Coverage & Regulation
The Insurance Coverage & Regulation Practice Area at Barclay Damon is broad in scope and reach, and our attorneys have substantial experience in issues that run the breadth of the industry.
The firm’s insurance coverage and regulation attorneys have extensive experience with virtually every type of property, casualty, life, health, workers compensation, disability and long term care coverage, as well as facultative and treaty reinsurance, captives and syndicates. Our attorneys are often called upon to provide advice on policy and coverage requirements, in longstanding and established areas of insurance, as well as emerging and developing fields (such as cyberliability). They are intimately familiar with insurance coverages and underwriting concerns, and have a working knowledge of the sophisticated statutes, regulations, administrative orders and applicable judicial authority.
- Routinely litigate insurance-related disputes throughout the United States (and participate in arbitration and mediation proceedings where appropriate) – and have been responsible for a number of coverage trials and leading appellate decisions.
- Assist clients with evaluating and resolving insurance and risk management issues, and crafting risk transfer mechanisms to minimize exposures and reduce claims.
- Advise on claims handling issues, operations and compliance issues, licensing, and complaints before state Insurance Departments. Our attorneys interact and are experienced with insurance regulators on a wide variety of matters – and this experience extends to Canada and the Office of the Superintendent of Financial Institutions as well as the regulatory authorities in the U.K.
- Audit and counsel on reinsurance claim handling and presentation, XPL and ECO losses, contract construction and interpretation, reserves, risk management and other subjects.
The expertise of the Insurance Coverage & Regulation Practice Area is not just broad and far-reaching, our attorneys have a depth of experience in a variety of specialized topics – such as transportation risk and commercial auto litigation (including trucking and bus companies, transportation brokers, garages and tow operators), first party claims (such as arson and misrepresentation), bad faith and extracontractual disputes, rail disaster claim administration, premium and classification disputes, and a number of other specific subjects.
The attorneys at Barclay Damon provide prompt, comprehensive and relevant advice to Firm clients on pending insurance issues (including the publication of monthly Insurance Coverage Alerts via email), and offer real world solutions to resolve problems.
Insurance Coverage & Regulation Chair
Practice Area Alerts
- NYS Appellate Division Holds That SEC Disgorgement of Over $140 Million is an Uninsurable Penalty Under Professional Liability Policy
- NY Court Holds Claim Against Automobile Insurer Accrued on Date of Insurer’s Denial of Coverage
- NY Court of Appeals Enforces Additional Insured Clause Requiring Contractual Privity With the Named Insured
- Tenth Circuit: General Contractor Entitled to Liability Coverage for Construction Defect by Subcontractor