Barclay Damon
Barclay Damon

Mark T. Whitford, Jr.

Mark T. Whitford, Jr.

Partner

p: 585.295.4449

f: 585.295.8404

icon_email mwhitford@barclaydamon.com
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Rochester Office

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

Mark Whitford focuses his practice on insurance coverage disputes, litigated tort defense and appellate advocacy. In his capacity as coverage counsel, Mark represents numerous national and regional insurers to analyze coverage under homeowners, automobile, professional liability and commercial general liability policies. Mark also actively litigates coverage disputes in declaratory judgment actions throughout the state. Mark represents individuals and businesses in a wide-range of tort defense matters, ranging from simple accidents to complex construction-related catastrophes. Mark provides guidance to insurers, individuals and businesses seeking to comply with Medicare reporting regulations.

Prior to joining the firm, Mark served as an Appellate Court Attorney at the New York Supreme Court, Appellate Division, Third Judicial Department. Mark has worked on dozens of appeals before various state and federal courts, and has successfully argued appeals before the Appellate Divisions and the Court of Appeals for the Second Circuit.

Mark’s education and background allow him to understand the complex insurance-related issues facing his clients and to effectively represent those interests in both litigated and non-litigated matters. Mark graduated with honors from University of Connecticut School of Law and summa cum laude from the University at Buffalo. While in law school, Mark served as a Managing Editor of the Connecticut Insurance Law Journal.

Representative Experience

  • Secured defense verdict in favor of contactor in personal injury action alleging violation of Labor Law §240.
  • Represented national insurer against environmental claim and secured summary judgment in client’s favor that was affirmed by Appellate Division, Fourth Department.
  • Provides counsel and advice to various clients concerning lien and subrogation interests, including guidance on complying with the Medicare Secondary Payer (MSP) statute and the Medicare Medicaid SCHIP Extension Act (MMSEA).
  • Successfully represented insurer with respect to defense of claim for replacements costs following fire, including appeal before United States Court of Appeals for the Second Circuit. 
  • Assisted with successful defense of appeal concerning limitation on damages for foreign corporation based upon New York choice-of-law principles, including appeals before the Appellate Division, Fourth Department and Court of Appeals. 
  • Successfully moved to dismiss extracontractual allegations against insurer in federal action arising out of fire loss, including claims under General Business Law § 349 and demand for punitive damages. 
  • Represented insurer and successfully briefed and argued appeal before Appellate Division, Third Department, granting insurer's motion for summary judgment where insureds were seeking additional damages for fire loss after settlement.
  • Represented insurer and secured dismissal of action in Kings County where insured failed to advise insurer of change in occupancy of insured premises.
  • Represented widow with appeal of denial of Accidental Death & Dismemberment Insurance claim and secured payment of benefits prior to commencing litigation.

Practice Areas

Education

  • The University of Connecticut School of Law, J.D., with honors, Connecticut Insurance Law Journal, Managing Editor, 2005
  • State University of New York at Buffalo, B.A., summa cum laude, 2002

Admitted To Practice

  • New York, 2006
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Northern District of New York

Memberships & Affiliations

  • American Bar Association
  • New York State Bar Association
  • Monroe County Bar Association 
  • Defense Research Institute

Speaking & Publications

  • Presenter, Buffalo Claims Association 22nd Annual Education Day, October 3, 2013
  • Presenter, "Advanced Insurance Coverage: Hot Topics, Tough Issues and a Look Ahead," NYSBA, May 10, 2013

Honors

  • Selected as an "Up & Coming Attorney" by The New York Daily Record as part of its "2013 Excellence In Law."

Prior Experience

  • Hiscock & Barclay, LLP, Counsel
  • New York Supreme Court, Appellate Division, Third Department, Appellate Court Attorney

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