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, arbitration and settlement strategies for individuals, companies, brokers, insurers and reinsurers. Additionally, they have significant experience in all kinds of property and casualty excess and umbrella liability policies, as well as in facultative and treaty reinsurance, in addition to captives. This provides us a with a well-rounded perspective and experience on all insurance and reinsurance matters, whether in coverage, disputes or regulation.

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 and regional basis for national insurers. Our attorneys also have experience with foreign insurance and reinsurance clients, including syndicates relating to coverage, arbitration and litigation.

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. On behalf of both reinsurers and cedants, we also have experience with reinsurance matters pertaining to first party insurance. We have also represented clients 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 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. We also have significant and longstanding experience in well-known rail disasters in the U.S. and Canada in which we have represented insurance and reinsurance clients, some of whom provide special punitive wrap coverage. Our transportation group has considerable 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. They also have experience on an international level, including counseling on MCS-90 matters for foreign insurers and reinsurers based in the U.K. and Bermuda pertaining to trucking business in the U.S.

We work with our corporate 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 and risk management, including program-related business, address complaints with state Insurance Departments, and litigate matters arising out of claims handling practices. Our experience and services for reinsurers also include auditing and counseling relating to cedants (insurers, mutuals, risk retention groups, and others), in which we advise on insurance claim handling and presentation, XPL and ECO losses, contract construction and interpretation, reserves, risk management and other subjects.

We are also called upon to counsel individuals in the industry – such as agents, managing general underwriters, brokers, adjusters, consultants, and related entities – on licensing, compliance and disciplinary issues. We have experience with state insurance regulators on a wide variety of matters pertaining to property and casualty insurance and reinsurance. This experience and related counseling for U.S. clients extends to Canada and the Office of the Superintendent of Financial Institutions as well as the regulatory authorities in the U.K.

Additionally, our attorneys counsel and represent parties with regard to multi-million dollar breach of contract lawsuits involving insolvent self-insured Workers Compensation Trusts. We also have experience in workers compensation matters as they relate to both insurance and reinsurance.

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. We understand how important this subject area is for insurers and reinsurers as they continue to develop and expand first and third party coverage and respond to claims, some of which have been significant in recent years. Additionally, we provide counsel to corporate clients (from the perspective of cyber security) with regard to the sufficiency of their insurance programs and indemnification clauses with third parties.

We also are experienced in advising insurers issuing technology-related insurance policies to corporate clients in which they are providing cyber-specific and other coverage. We have experience as coverage counsel on some of the most significant recent data breach matters reported in the U.S. This experience supports and adds to the services we provide clients on cyber security matters.