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KevinSzczepanski

Partner

"I strive not only to win for my clients but to help them compete in the marketplace."

Overview

Biography

A trial and appellate lawyer who primarily concentrates his practice on insurance-coverage litigation and cyber risks, 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 and coverage disputes. He also advises clients on insurance-policy drafting and underwriting issues.

As co-leader of the Cybersecurity Team, 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 contract drafting and coverage for cyber risks and represents them in liability and coverage disputes.

Bar Associations

  • American Bar Association
  • New York State Bar Association

Selected Memberships & Affiliations

  • CLM Alliance
  • Defense Research Institute
  • Professional Liability Underwriting Society
Experience

Representative Experience

  • Won a no-cause verdict in a $100 million coverage and bad-faith case involving payment for defective roofing shingles.
  • First-chaired the trial of an insurance-coverage case involving construction defects in a residential housing tract.
  • Won a jury verdict for an international advertising agency seeking payment for a multi-million ad campaign.
  • Recovered millions of dollars for an umbrella insurer in a DJ action against a primary EL insurer arising out of a construction-related motor-vehicle accident.
  • Won summary judgment in several cases involving late notice under primary and excess policies.
  • Represented primary and excess insurers in a DJ action involving “hired auto” coverage for an underlying motor-vehicle accident.
  • Represented several tiers of excess insurers in priority-of-coverage disputes arising out of construction-defect, Labor Law, and negligence claims.
  • Negotiated a significant payout for a client in litigation over the proceeds of an underlying settlement with an entertainment conglomerate.
  • Represented insurers in DJ actions and pre-suit disputes involving schools and religious organizations facing sexual-abuse claims.
  • Represented insurers in several D&O disputes involving coverage for derivative and class-action claims against directors, officers, and entities.
  • Counseled a not-for-profit in notice and insurance issues arising out of a cloud-service provider’s alleged data breach.
  • Counseled a professional-services firm on coverage issues arising out of an alleged cyber incident.
  • Negotiated a settlement for clients victimized by social-engineering fraud in a real estate transaction.
  • Represented public and private businesses in the negotiation and drafting of cybersecurity provisions of vendor contracts.
  • Successfully counseled an insurer-client and convinced the insured's counsel regarding the pursuit of coverage for a grave-injury suit under the opposing insurer's unlimited employer's liability coverage while successfully navigating anti-subrogation rule. Obtained an appellate-level decision affirming that this unlimited coverage had been triggered.
  • Represented a client in drafting and negotiating a payroll-services agreement with a cloud-based payroll and human capital management software provider, emphasizing the agreement's cybersecurity, indemnity, and insurance procurement provisions.
  • Represented clients in pursuit of a claim for money damages arising out of the theft of a six-figure down payment for a real estate purchase due to social engineering fraud. Negotiated a pre-suit settlement for the clients.
  • Represented a client with respect to an evaluation of compliance with the New York Shield Law.
  • Represented a client in relation to a data breach arising out of the compromise of a third-party cloud service provider.

Prior Experience

  • Hodgson Russ LLP, Partner

Selected Community Activities

  • Buffalo Center of Arts and Technology, Board Member
  • Greater Buffalo Youth Orchestra, Former Board Chair
  • St. Francis High School, Former Board Chair and Mock Trial Team Attorney Coach

Selected Honors

  • The Best Lawyers in America®: Insurance Law, 2013–2023; Buffalo "Lawyer of the Year": Insurance Law, 2014–2015
  • Selected to Super Lawyers Upstate New York: Insurance Coverage, 2010–2022
Knowledge

Selected Speaking Engagements

  • Lexeprint Inc., "Understanding Cyber Insurance: Why Arbitration May Make Sense for Your Policy" Webinar
  • University at Buffalo Law Alumni Association / LAA GOLD Group, "Ethical Practice in the Virtual World" CLE
  • Barclay Damon, “Health Care Cybersecurity Breaches: How to Respond to a Security Incident” Webinar
  • New York State Bar Association Construction Site Accident Claims & Litigation Seminar, Chair and “The Interplay of Workers’ Compensation Issues in Construction Claims,” and “Emerging Issues in Construction Defect Claims” Presenter
  • New York State Bar Association Municipal Law Section, “The Evolving Cyber Threat: What Every Public Entity Needs to Know to Protect Itself”

Selected Publications & Media

Selected Alerts & Blog Posts

Selected Podcasts

Featured Media

Alerts

Website Accessibility Lawsuits: Mizrahi Kroub LLP, Attorneys for Serial Tester Plaintiffs, Now Targeting Businesses in New York State Court

Alerts

NYS Governor Hochul Vetoes Proposed Grieving Families Act

Alerts

New Notification Requirements for Industrial Development Agencies

Alerts

HHS OCR Bulletin: Health Care Providers' Websites and Apps Could Contain HIPAA-Noncompliant Tracking Technologies

Alerts

EPA Finalizes Waters of the United States Rule

Alerts

New York State's Highest Court Rejects Untimely $2.4 Million Claim for Reformation of Insurance Policy

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