Barclay Damon
Barclay Damon

Insurance Coverage & Regulation

Our attorneys are intimately familiar with the interpretation of insurance policy clauses and the manner in which these clauses are applied to a variety of disputes. They also have a depth of experience with respect to coverage opinions and disclaimers of coverage, as well as litigation and settlement strategies for individuals, companies and insurers.

Our lawyers actively litigate Declaratory Judgment suits throughout the United States, and have had much success in these actions for our clients, including a number of favorable summary judgment decisions which have been upheld on appeal. We serve as counsel on a statewide basis for two national insurers, and regional counsel for many more.

A number of our attorneys have years of experience in first party insurance coverage litigation, and have successfully tried numerous cases to verdict involving arson and misrepresentation. Additionally, we have represented clients across the state in bad faith litigation, and have an intimate working knowledge of the sophisticated statutory, regulatory and judicial authority applicable to this practice area.

Our attorneys also advise clients and litigate nationwide on coverage issues relating to transportation risks and commercial auto policies including those issued to trucking and bus companies, transportation brokers, garages and tow operators. Our transportation group has long and unique experience in handling claims involving the specialized policies used in these industries as well as the various endorsements such as the MCS-90, Form F, UIIE, , and other forms used in order to comply with various enhanced state and federal financial security requirements for insureds of these types.

We work with our corporation and individual clients to audit their coverage, review the adequacy of their risk management measures and, determine if their exposure is covered by insurance. We provide advice on policy and coverage requirements, particularly in areas of property/casualty, life, health, disability, and long term care insurance. We frequently evaluate cancellation issues and scope of coverage issues, resolve issues related to non-compliant policies, and offer advice and assist in the formulation of document retention policies for insurance policies, plans, and complaints.

Our attorneys frequently advise insurers, third-party administrators, self-insured entities and others on claims handling procedures and practices, address complaints with state Insurance Departments, and litigate matters arising out of claims handling practices. We are also called upon to counsel individuals in the industry – such as agents, brokers, adjusters, consultants, and related entities – on licensing, compliance and disciplinary issues. Additionally, our attorneys counsel and represent parties with regard to multi-million dollar breach of contract lawsuits involving insolvent self-insured Workers Compensation Trusts.

Cyber Security

Barclay Damon’s experienced, multi-disciplinary team of attorneys provides clients with sound counsel on the legal issues concerning cyber security, privacy and data protection.

There is no question that data is a strategic asset for any company and commitments relating to its use, sharing, or acquisition can have a long-term impact on a company’s business. At Barclay Damon, we are focused on protecting businesses in a digital world. Our attorneys represent clients in investigation, crisis response to data breach incidents, litigation, government relations, and transactions.

Barclay Damon offers its clients practical guidance across the spectrum of cyber risks, drawing on the deep experience of many of its lawyers whose backgrounds allow Barclay Damon to assist clients to keep up with the critical and fast-changing data protection laws.

In addition, we assist clients in addressing the myriad of workplace privacy issues, including employee data breach response, employee surveillance, data privacy policies, privacy issues arising from the use of technology and unique data transfer issues for employees.

As cyber security, privacy, and data protection laws evolve, through cyber-protection planning, data breach coaching, and defense of clients’ interests in court – our objective is to assist our clients in preparing for and reducing data and security related risks.