Barclay Damon
Barclay Damon

Kevin 
     Szczepanski

Kevin Szczepanski

Partner

p: 716.858.3834

f: 716.566.4033

icon_email kszczepanski@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

New York Office

Suite 600
1270 Avenue of the Americas
New York, New York 10020


p: 212-784-5800
f: 212-784-5777

Kevin is a trial and appellate lawyer who primarily concentrates his practice on insurance coverage, business litigation, and cyber risks. Kevin has extensive experience litigating directors and officers (D&O), errors and omissions (E&O), and property and casualty (P&C) coverage under both primary and excess policies. He has served as both lead settlement and trial counsel in highly sensitive business and coverage disputes. He also advises clients on regulatory matters, insurance-policy drafting, and underwriting issues.

In the cyber risk field, Kevin represents businesses facing first- and third-party losses due to data breaches, service interruptions, theft, and other cyber threats. He also counsels clients on coverage for cyber risks and represents them in liability and coverage disputes.

Representative Experience

  • Won a no-cause verdict in a $100 million coverage and bad-faith case.
  • Obtained a summary-judgment victory and $2.5 million in reimbursement for an insurance-company client.
  • Counseled an insurer on the scope of coverage available for a cyber claim involving customer-information theft.
  • Achieved a significant payout for a client in a dispute over a lawsuit settlement proceeds.
  • Helped to clarify principles governing notice under primary and excess insurance policies.
  • Negotiated a $69 million settlement in D&O and insurance-coverage preference actions.
  • Obtained victory for an EPL insurer against a CGL insurer in a lawsuit seeking defense-cost reimbursement.
  • Won a jury victory for an advertising agency seeking payment for a $1.6 million campaign.
  • Represented a retailer in the submission of a cyber-insurance claim and demand for indemnification.
  • Prevailed on appeal in a case involving coverage for an automobile accident under business auto and excess policies.

Practice Areas

Education

  • University at Buffalo, J.D., magna cum laude, 1995
  • Canisius College, B.A., summa cum laude, 1992

Admitted To Practice

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 9th Circuit

Memberships & Affiliations

  • American Bar Association
  • New York State Bar Association
  • Defense Research Institute
  • Professional Liability Underwriting Society

Civic Activities

  • Buffalo Center of Arts and Technology, Board Member
  • Greater Buffalo Youth Orchestra, Former Board Chair
  • St. Francis High School, Former Board Chair and Mock Trial Team Attorney Coach

Speaking & Publications

  • Barclay Damon, “Health Care Cybersecurity Breaches: How to Respond to a Security Incident” Webinar
  • MedTech Annual Conference, “Cyber Session,” Moderator
  • New York State Bar Association Construction Site Accident Claims & Litigation Seminar, Chair and “The Interplay of Workers’ Compensation Issues in Construction Claims,” and “Emerging Issues in Construction Defect Claims” Presenter
  • New York State Bar Association Municipal Law Section, “The Evolving Cyber Threat: What Every Public Entity Needs to Know to Protect Itself”
  • Buffalo Law Journal, “Cyber Insurance: A Safeguard”
  • Buffalo Law Review, “Searching for the Plain Meaning of the Second Amendment”

Honors

  • The Best Lawyers in America®: Insurance Law, 2013-2018
  • Selected to Super Lawyers Upstate New York: Insurance Coverage, 2010-2016 and 2018
  • The Best Lawyers in America®, Buffalo Lawyer of the Year: Insurance Law, 2014-2015

Prior Experience

  • Hodgson Russ LLP, Partner