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General Defense
Barth Sullivan Behr
600 Convention Tower
43 Court Street
Buffalo, New York 14202
Telephone: 716-856-1300
Fax: 716-856-1494
Toll Free: 888-200-6877
E-Mail: lbehr@barthbehr.com
www.barthbehr.com


Locate in Google Maps
(Syracuse, NY Office: 224 Harrison Street, Suite 200 , 13202)
     (Tel: (315) 234-1864)
     (Fax: (315) 422-4424)
     (Toll Free: 888-200-6877)
Established: 1928
Trial Practice, Appellate Practice, Alternative Dispute Resolution, Product Liability, Casualty, Fire, Professional Errors and Omissions, Coverage Issues, Insurance Fraud, Subrogation, Motor Vehicle, General Liability, Workers' Compensation, Premises Liability; Municipal Liability; Tractor-Trailer; Bad Faith
Firm Profile
BARTH SULLIVAN BEHR since 1928 has successfully defended claims and suits in Western and Upstate/Central New York (COUNTIES: Albany, Allegany, Erie, Genesee, Jefferson, Livingston, Monroe, Niagara, Onondaga, Oswego, Otsego, St. Lawrence, Schuyler, Seneca, Steuben, Tompkins, Wayne, Wyoming, Yates), and in New York's Southern Tier (COUNTIES: Allegany, Cattaraugus, Chautauqua, Chemung). Our insurance coverage practice extends to the entire state, and we evaluate and litigate significant coverage disputes in other states as well. We are pleased to provide references upon request, from experienced claims executives with both major and regional carriers.

Our highly experienced attorneys defend a very wide variety of personal injury and property damage claims including motor vehicle, both personal and commercial (including taxi, trucking and tractor-trailer); NY Labor Law and other industrial and construction accidents; products liability, both consumer and industrial; fall-down, security and other premises liability cases; tavern, farm and other businessowner liability; injury by pets and other domestic animals; and a host of other claims. We have successfully defended against virtually every type of first-party property damage claim.

Our attorneys have extensive experience defending a variety of professional errors and omissions claims and suits against lawyers, health care practitioners such as podiatrists, chiropractors, dentists and nurses, and insurance agents and brokers. We have obtained favorable outcomes for lawyers, for example, invoking the statute of limitations and defeating claims of continuing representation; proving culpable conduct against sophisticated former clients who were as much or more at fault for their damages; and proving that the lawyer's conduct complied with prevailing practice standards. We have prevailed for insurance agents and brokers on a broad gamut of claims, often proving defenses including that a particular coverage was not requested by the plaintiff (a complete defense in New York); that a coverage that was requested was not procurable; and that the agent/broker owed no duty to the particular plaintiff. Our defense of health care providers has often succeeded on legal issues such as statute of limitations, the absence of duty owed to the plaintiff, and the plaintiff's culpable conduct for noncompliance with advice. We are adept at securing the best available expert testimony, whenever possible from respected local practitioners, to prove either on motion for summary judgment or at trial that the care rendered was not substandard.

We possess very significant expertise and experience regarding coverage advice and litigation in a broad range of coverages, including personal and commercial premises and motor vehicle (including no-fault, UM/SUM, tractor-trailer issues); CGL and BOP policies; many professional lines (E&O); directors and officers (D&O); and many other commercial lines, at both primary and excess/umbrella levels. We are adept at evaluating and defending against accusations of "bad faith," in the context of both first and third party claims.

We tackle with success the often complex and abstruse coverage issues presented by environment-related claims including lead paint, mold and asbestos; by "claims-made" policy situations; claims of waiver and estoppel; additional insured situations; coverage priority and sharing; as well as the more usual, but sometimes challenging questions that arise respecting the array of policy exclusions and conditions.

Our attorneys also are highly experienced at investigating and defending against all types of insurance fraud including arson, and the whole gamut of misrepresentations at both the underwriting and claims stages.

Frequently, law firms handling insurance defense fail to tailor their representation for a particular client's needs and preferences. Regardless of their publicity claims, "mega" defense and multi-practice firms tend inexorably to multiply billable hours and maximize a file's fee potential, rather than deliver a cost-effective result at the earliest opportunity. The cornerstone of our practice philosophy has remained unchanged during our 80 years: namely, to expedite files by taking an aggressive litigation posture, and whenever advisable, by seeking termination at the earliest ripe moment via dispositive motion.

All too often, overloaded attorneys inadequately analyze case dynamics and fail to perceive opportunities, such as for critical, case-winning investigation or expert consultation, or to get a case dismissed at an early juncture. We have often seen opponents ignore the availability of coverage from carriers for co-defendants and are always alert to such potentialities.

In sum, our experience persuades us that a personal, service-oriented law firm such as ours, closely led by accomplished and seasoned trial partners, is best able to avoid such practice pitfalls. We will never cease being committed to providing thoughtful and thorough representation to our clients at highly competitive rates.

We are receptive to fixed fee proposals for defense of covered suits.


Client Information
Insurance Company Clients
Amerisure CompaniesAutoOne Insurance Company
CNA Insurance CompaniesCommunity Mutual Insurance Company
Countryway Insurance CompanyDryden Mutual Insurance Company
Erie Insurance ExchangeEsurance Insurance Company
Federated Mutual Insurance CompanyGeneral Casualty Companies
Genesee Patrons' Co-Operative Insurance CompanyHolyoke Mutual Insurance Company in Salem
The Infinity GroupJ. C. Penney Casualty Insurance Company
Lancer Insurance GroupMerchants Insurance Group
MetLife Auto & HomeMichigan Mutual Insurance Company
Middlesex Mutual Assurance CompanyMidstate Mutual Insurance Company
North Country Insurance CompanyPraetorian Insurance Company
Preferred Mutual Insurance CompanyR.C.A. Insurance Group
Safeco Insurance CompanyState Farm Insurance Companies
United Educators InsuranceUnited Frontier Mutual Insurance Company
United National Insurance CompanyWayne Cooperative Insurance Company
Non-Insurance Company Clients
Avis Rent-A-Car System, LLCBerkley Administrators
Chesterfield Services, Inc.Claims Control Corporation
Dollar General StoresExxonMobil Corporation
Material Damage Adjustment CorporationRepublic Financial Services, Inc.
The Salvation ArmyTower Risk Management

Personnel Information
Partners
PHILIP C. BARTH, III — 1957 — State University of New York at Stony Brook, B.A., 1979; State University of New York at Buffalo, J.D., 1988 — Admitted to Bar, 1989, New York; U.S. District Court, Northern and Western Districts of New York — Member New York State and Erie County Bar Associations; Defense Research Institute; International Association of Defense Counsel
LAURENCE D. BEHR — 1951 — State University of New York at Buffalo, B.A. (cum laude), 1974; J.D. (magna cum laude), 1981 — Confidential Law Clerk, U.S. District Court, WDNY (1981-1983) — Senior Editor, Buffalo Law Review — Admitted to Bar, 1982, New York; U.S. Court of Appeals, Second Circuit; U.S. District Court, Eastern, Northern, Southern and Western Districts of New York; 1987, U.S. Supreme Court — Member New York State and Erie County Bar Associations; National Lawyers Association; Defense Research Institute — Author: "Bad Faith: 'Gross Disregard' Standard Confirmed and Applied by the New York State Court of Appeals", NYSBA/INCL Journal (June 1994); "Significant Recent Developments in the Law of 'Bad Faith' in New York", NYSBA/INCL Journal (June 1993) — Lecturer in numerous seminars on topics of insurance coverage and negligence law
Firm Members
DOUGLAS P. HAMBERGER — 1954 — Canisius College, B.A., 1976; Miami University, J.D., 1979 — Admitted to Bar, 1980, Florida; 1982, New York; U.S. District Court, Western District of New York — Assistant District Attorney, 1982-1986; Trial Counsel, CGU Insurance, 1991- 2002; Senior Trial Counsel, Zurich Insurance, 2002-2007
PIERRE "PETE" A. VINCENT — 1961 — Williams College, B.A., 1986; Southwestern University School of Law, J.D., 1995 — Admitted to Bar, 2002, New York; 2004, U.S. District Court, Western District of New York — Member New York State and Erie County Bar Associations; Western New York Trial Lawyers Association
STEPHEN J. RANSFORD — 1944 — Williams College, B.A., 1966; Vanderbilt University Law School, J.D., 1969 — Admitted to Bar, 1969, Massachusetts; 1978, New York; U.S. District Court, Northern and Western Districts of New York; U.S. Court of Appeals, First and Second Circuits — Member New York State and Onondaga County Bar Associations
(This firm is also listed in the Subrogation section of this directory)


 

 

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