Barth Condren LLP

Best's Recommended Insurance Attorneys - General Defense

367 Linwood Avenue, Buffalo, New York 14209

Telephone: 716-856-1300
Fax: 716-856-1494
Website: www.barthcondren.com

Established: 1928

Qualified Member Since: 1945

Practice Areas
About Us
Client Information
Personnel

Practice Areas

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
Bad Faith
Tractor-Trailer

About Us

BARTH CONDREN LLP since 1928, has successfully defended claims and suits in Western (Counties: Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Wayne, Wyoming, and Yates) and Upstate/Central New York (Counties: Albany, Cayuga, Chenango, Clinton, Cortland, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tompkins, Warren, and Washington), and in New York's Southern Tier (Counties: Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Delaware, Steuben, and Tioga). 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 Clients

Non-Insurance Clients

Chesterfield Services, Inc.
Dollar General Stores
Gallagher Bassett

New York Liquidation Bureau
Penske Truck Leasing Company
The Salvation Army

Personnel Information

Partners

Philip C. Barth, III

Managing Partner

Buffalo, NY

E-Mail: pbarth@barthcondren.com

Practice Areas

Motor Vehicle Litigation
Trial and Appellate Litigation
Workers' Compensation Defense

Admitted

New York, 1989
U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court