Barclay Damon
Barclay Damon

Kevin D. Szczepanski

Kevin D. 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 practices in the areas of insurance coverage, business litigation, and cyber risk. 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 disputes, and he advises clients on regulatory matters, insurance policy drafting, and underwriting issues.

In the field of cyber risks, 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 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 jury victory for an ad 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

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

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

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

Speaking & Publications

  • “31st Annual School Client Conference,” Buffalo, NY, January 2016
  • “Cyber Insurance: A Safeguard, Buffalo Law Journal,” October 2014
  • “The Evolving Cyber Threat: What Every Public Entity Needs to Know to Protect Itself,” New York State Bar Association Municipal Law Section, Saratoga Springs, NY, October 2014
  • “The Evolving Cyber Threat: What You Need to Know to Protect Your Customers and Your Business,” Buffalo, NY, June 2014
  • “Doing Business on the Web: Taxes, Security Breaches & Cyber Troubles,” New York, NY, January 2014
  • “How Solid Is Your Foundation? A Guide to Foundation Repair,” Buffalo, NY, June 2009  

Honors

  • The Best Lawyers in America for Insurance Law 
  • Selected by peer review for inclusion in Upstate New York Super Lawyers, Insurance Law, 2010-16
  • The Best Lawyers in America, 2014-15, Buffalo Insurance Law "Lawyer of the Year"
  • Former editor-in-chief, Buffalo Law Review

Prior Experience

  • Hodgson Russ LLP, Partner