Barclay Damon
Barclay Damon

Joseph A. Wilson

Joseph A. Wilson

Counsel

p: 585-295-4460

f: 585-295-8432

icon_email jwilson@barclaydamon.com
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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Joe Wilson provides counsel and support to the insurance industry on a range of compliance, coverage and claim issues. As counsel to regional and national insurers, self-insurers, producers and administrators, Joe helps clients navigate the maze of regulations and compliance issues in some of the most challenging regulatory environments in the world.

Joe routinely provides guidance on matters throughout the industry, including product development, rate and form filing, market conduct, formation and licensing, acquisition and sale of product lines, underwriting and claim operations, agency relations, solvency and regulatory accounting issues, and the termination and runoff of property/casualty lines. Joe also has broad experience in claims and coverage matters, counseling clients on complex policy and coverage issues for property/casualty, life/health and financial products.

Joe has an extensive background representing clients in insurance matters, and is routinely involved in litigation and other disputes regarding coverage under property/casualty policies, life/health policies, and reinsurance treaties, claims for bad faith and unfair trade practices, and disputes under agency and administrative services agreements.

Joe is a frequent speaker and a recognized authority on issues affecting the insurance industry. He is the co-author of New York Insurance Law, as well as several volumes of practical Forms for Couch on Insurance 3d, the leading national treatise on insurance law. Joe is also active in the local community, and serves on local and regional public library boards.

Representative Experience

  • Serves as compliance counsel for several East Coast insurers, advising on form and product line development, market conduct issues, underwriting operations, claims handling procedures and agency relations.
  • Counsels self-insured workers compensation pools on regulatory and functional issues related to active and run-off operations, including solvency and loss transfer strategies.
  • Assisted East Coast insurers with response to Superstorm Sandy, including the mitigation of operational and financial impacts resulting from sudden and unexpected adverse regulatory changes.
  • Advised a commercial lender on licensing and other compliance issues related to the development and offering of credit life products in multiple jurisdictions.
  • Assisted a foreign employee benefit firm obtain approval to sell group health insurance in New York.
  • Counseled a mid-Atlantic insurer on the retention and maintenance of its legacy systems, and developed strategies to minimize the potential impact on claims and coverage liabilities.
  • Represented client with multi-state operations in connection with $350,000+ penalty for failing to procure workers compensation insurance in New York over several years; penalty was rescinded in full.
  • Represented auto insurer in litigation over exhaustion of SUM (supplemental uninsured motorist) coverage limits, resulting in a favorable decision by the New York Court of Appeals.
  • Represented commercial liability insurer in coverage litigation over additional insured coverage for assault in public housing, resulting in favorable decision on appeal.
  • Represented homeowners insurer in coverage litigation for alcohol-induced assault, resulting in a favorable decision by the New York Court of Appeals.

Practice Areas

Education

  • University of Minnesota, J.D., cum laude, 1997
  • University of Rochester, M.A., 1999
  • University of Chicago, B.A., 1993

Admitted To Practice

  • New York, 1998
  • Pennsylvania, 2012

Memberships & Affiliations

  • Association of Insurance Compliance Professionals
  • Insurance Regulatory Examiners Society
  • American Bar Association
  • Ontario County Bar Association

Speaking & Publications

  • "The Collapse of the Group Self-Insurance Market and its Impact on Employers in NYS," New York State Association of Self-Insured Counties, 2012
  • "Development in Workers Compensation Insurance," Manufacturers Association of Central New York, 2011
  • New York Insurance Law (West, 2010), Co-Author
  • Couch on Insurance 3d, Forms, Vol. 3 (2006), Co-Author
  • Couch on Insurance 3d, Forms, Vol. 1 and 2 (2003), Co-Author
  • No-Fault Law, Practical Solutions for New York Lawyers, Consulting Editor (Matthew Bender, 2002)
  • Confidential and Privileged Information: Protecting Communications, Documents & Sensitive Information from Opposing Parties, Reinsurance, Co-Author, Defense Research Institute, 2000

Prior Experience

  • Hiscock & Barclay, LLP, Counsel

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