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MarkWhitford

Partner

"I enjoy when clients come to me with new, challenging questions, and we get to develop a strategy together to effectively address those concerns."

Overview

Biography

A former NY Supreme Court Appellate Division attorney, Mark concentrates on providing advice and litigation support to insurers across the country concerning their complex insurance needs, with a specific focus on commercial and excess liability, construction defect, property, directors and officers, and personal lines policies. Mark strives to deliver upfront, candid guidance to his clients concerning their complex needs, and he focuses on creating direct paths for resolving concerns.

Mark has briefed, argued, and succeeded on many commercial and insurance-related appeals throughout NY state and federal courts during his career.

In addition to his own practice, Mark serves as Barclay Damon’s Rochester office diversity partner, and he regularly volunteers to provide advice to pro se litigants in state and federal courts.

Bar Associations

  • American Bar Association
  • Monroe County Bar Association
  • New York State Bar Association

Selected Memberships & Affiliations

  • Defense Research Institute
Experience

Representative Experience

  • Representing a national insurer in various breach of contract and extracontractual claims pending in California and Washington under municipality-liability policies.
  • Secured summary judgment in favor of insurers in multiple declaratory judgment actions. Successfully defended those dismissals on appeal to state and federal appeal courts for claims involving various first- and third-party claims such as environmental losses, agent liability, and large property losses.
  • Defended and pursued interests of insurers with respect to priorities of coverage among multiple insurers for complex losses, including claims related to additional insured coverage and contractual and common-law indemnification.
  • Successfully defended defendants in multiple complex construction-related accidents, including defense of claims under Labor Law § 240, with verdicts taken through trial.
  • Assisted with the successful defense of an appeal concerning a limitation on damages for a foreign corporation based on NY choice-of-law principles, including appeals before the Appellate Division, Fourth Department and the Court of Appeals.
  • Successfully moved to dismiss extracontractual allegations against insurers in state and federal actions in first- and third-party claims, including claims under General Business Law § 349, consequential damages, and punitive damages.

Prior Experience

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

Selected Community Activities

  • Pittsford Youth Services, Board Member
  • Federal Pro Se Assistance Program, Volunteer
  • 7th Judicial District Help Center at Rundel Library, Volunteer
  • World of Inquiry School No. 58, Volunteer
  • Foodlink Lexington Avenue Urban Farm, Barclay Damon Community Day Volunteer

Selected Honors

  • The Daily Record, Excellence in Law Awards: Up & Coming Attorney, 2013
Knowledge

Selected Speaking Engagements

  • Monroe County Bar Association, “Perfecting an Appeal in the Second Circuit and Considerations for Appellate Practitioners”
  • New York State Bar Association, Law School for Insurance Professionals, Program Chair
  • Selected Client Presentation, “Responding to Tenders for Defense and Indemnification”
  • Buffalo Claims Association 22nd Annual Education Day, “Liens, Liens Everywhere”
  • New York State Bar Association, “Advanced Insurance Coverage: Hot Topics, Tough Issues, and a Look Ahead”

Selected Publications & Media

  • New York State Bar Association Insurance Law Practice, “Motor Vehicle Coverage Issues”

Alerts

Featured Media

Alerts

Massachusetts Paid Family Medical Leave Law: Employer Notification Obligations

Alerts

Sweeping Amendments Impact Medicaid Fraud Control Units After 40 Years

Alerts

NYS Appellate Court Holds That Whether Provision in Construction Contract Required Additional Insured Coverage Presented Question of Fact

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