Practice Areas & Industries: Hiscock & Barclay, LLP

Practice/Industry Group Overview

The Torts & Insurance practice group represents nationally known insurance companies, utilities, common carriers, manufacturers, multi-national corporations and private individuals in all types of insurance defense, professional malpractice and tort and products liability cases. We commonly handle matters involving self insureds and claims against entities with high self insured retentions.

Our torts and products liability defense attorneys are experienced in the defense of product liability claims, toxic torts, subrogation matters, industrial, railroad and aviation accidents, labor law, premises liability claims, and other personal injury litigation based upon both common law theories and statutory violations. Our attorneys are experienced in handling catastrophic claims, with high damage exposures.

Our insurance coverage attorneys have expertise regarding coverage issues in the areas of general liability claims (automobile and premises liability), environmental and toxic tort claims, construction liability, federal and state statutory liability, disability, life and employer liability insurance claims.

In professional malpractice matters, we represent virtually every type of professional in malpractice and disciplinary hearings including accountants, attorneys, architects, realtors, appraisers, engineers, insurance agents, corporate directors and officers, as well as the full range of health care providers, including medical doctors of all specialties, nurses, nurse practitioners, physician assistants, chiropractors, podiatrists, physical therapists, diagnostic providers, home health care agencies, nursing homes and hospitals.

We have significant experience trying cases to verdict in both state and federal court. This extensive civil trial background has also been utilized to advise and assist clients in the negotiation and resolution of disputes before they erupt into full litigation. Our attorneys also regularly participate in all forms of alternate dispute resolution including arbitration, mediation and early neutral evaluation.

Because of our involvement in many matters involving complicated issues, we understand the financial impact of litigation on our clients, and our clients' desire to favorably resolve matters on a cost effective approach. We thoroughly evaluate a client's exposure from a liability and damage exposure up front, and throughout the case. Our litigation plans, reporting, resolution plans and strategy, not only control the risk, but avoid surprises and lead to excellent results.

Services Available

Torts & Products Liability Defense

The Torts & Products Liability Defense Practice Area actively prosecutes and defends some of the most sophisticated and complex civil litigation cases in the United States. The practice includes a Fellow of the American College of Trial Lawyers, the current Chair of the New York State Bar Association's Torts, Insurance and Compensation Law Section, former United States and Assistant District Attorneys, and former Law Clerks for Federal and State Trial and Appellate Courts. Members of the practice are admitted to, and regularly appear before, State and Federal Trial and Appellate Courts as well as arbitration panels. Our attorneys try significant cases before juries and judges on a regular basis.

The attorneys in the Torts & Products Liability Defense Practice Area represent nationally known insurance companies, utilities, common carriers, manufacturers, multi-national corporations and individuals in all types of tort and products liability cases. The practice is also designated panel counsel for many prominent insurance companies, which underwrite commercial and personal insurance for these types of claims.

We have an active toxic tort practice defending claims arising out of exposure to toxic materials and substances including a fifteen-year history of defending manufacturers of asbestos-containing materials. Our attorneys are also experienced in the defense of product liability claims, subrogation matters, industrial, railroad and aviation accidents, premises liability claims, and other personal injury litigation based upon both common law theories and statutory violations.

The Torts & Products Liability Defense Practice Area has a substantial practice involving the interpretation and analysis of insurance coverage issues for our clients. Insurance coverage is purchased by our clients for all aspects of their business and personal lives and our attorneys have expertise regarding coverage issues in the areas of general liability claims (automobile and premises liability), environmental and toxic tort claims, construction liability, federal and state statutory liability, disability, life and employer liability insurance claims.

The practice's extensive civil trial background has also been utilized to advise and assist clients in the negotiation and resolution of disputes before they erupt into full litigation. Our attorneys regularly participate in all forms of alternate dispute resolution including arbitration, mediation and early neutral evaluation. The Firm's commitment to technology also assists the members of our practice in providing the most efficient and cost-effective delivery of legal services.

Professional Malpractice

The Professional Malpractice Practice Area is comprised of attorneys spread throughout the Firm's offices. These lawyers have represented virtually every type of professional in malpractice and disciplinary hearings across New York, and beyond. The professionals the firm represents include accountants, attorneys, architects, engineers, insurance agents, corporate directors and officers, as well as the full range of health care providers, including medical doctors of all specialties, nurses, nurse practitioners, physician assistants, chiropractors, podiatrists, physical therapists, diagnostic providers, home health care agencies, nursing homes and hospitals.

Our members have litigated, and tried to verdict with success, claims against professionals in state and federal courts throughout the State of New York. We have also represented professionals before The New York State Board of Regents, the Office of Professional Discipline, the Board of Professional Medical Conduct, the Insurance Department, Accreditation Boards of Health Care Providers and Insurers, as well as a wide array of regulatory agencies in the State of New York.

Members of the practice are designated panel counsel for a variety of prominent insurance companies who insure professionals. In addition, members of the Professional Malpractice Practice Area represent a large, publicly traded, medical diagnostic company, handling its professional liability claims throughout the Northeast.

Insurance Coverage & Regulation

The Insurance Coverage & Regulation Practice Area at Hiscock & Barclay is broad in scope and practice, and our attorneys have substantial experience in issues that run the breadth of the industry.

Hiscock & Barclay's insurance coverage 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. These lawyers 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 New York State, 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. In fact, some of these insurance coverage decisions, particularly with respect to claims of construction defect (faulty workmanship), additional insured coverage, employment discrimination, and sexual abuse, are considered leading decisions in New York State.

Our firm's Insurance Coverage & Regulation Practice Area attorneys are particularly proud to serve as counsel on a statewide basis for two national insurers, and regional counsel for many more. We believe that is based upon our prompt analysis of complex insurance issues, the results we have been able to achieve for our clients, and the high standard of service which we deliver.

A number of our attorneys have years of expertise 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.

Corporations and individuals also seek counsel from our insurance coverage attorneys. The Firm's clients often inquire about the adequacy of their risk management measures and, in particular, whether their exposure is covered by insurance. The Firm's coverage attorneys are often called upon to apply their knowledge of this practice area to audit a client's insurance coverage.

Given our attorneys' extensive knowledge and experience, they are often called upon to provide advice on policy and coverage requirements, particularly in areas of property/casualty, life, health, and long term care insurance. They 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 Insurance Coverage & Regulation Practice Area 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. Our attorneys 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.

While our insurance coverage practice regularly extends to virtually every type of property, casualty and commercial coverage matter, we have developed a particular depth of experience in the following areas of personal and commercial lines:

• Additional Insured coverage, and rights of indemnification and contribution
• New York disclaimers and reservation of rights letters
• First-and third-party property claims
• Construction defect/faulty workmanship claims
• Intentional acts
• Bad faith litigation
• Directors and officers liability
• Life, disability and health coverage
• Employers liability
• Advertising injury coverage
• Professional liability coverage
• Excess and re-insurance coverage
• Environmental liability and toxic tort coverage
• Errors and omissions
• No-fault claims
• Uninsured/underinsured motorist coverage claims

In all circumstances, we staff our cases in the most efficient manner possible, attempting to have each project performed by that person on the team who is most capable of performing the task at the most efficient cost. Because of our involvement in matters involving complicated issues, we understand the financial impact of litigation on our clients, and our clients' desire that we prepare to resolve coverage disputes at the earliest possible moment on the best possible terms. We have also learned that traditional settlement agreements are frequently unsatisfactory in these circumstances. We are familiar with and have negotiated unusual and sophisticated arrangements to conclude coverage disputes to the substantial satisfaction of our clients.