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Thomas F. Segalla

Thomas F. Segalla, is the co-author of the renowned insurance law treatise Couch on Insurance 3d and is one of the founding partners of the firm.  Mr. Segalla is a nationally recognized reinsurance and insurance expert and an ARIAS Board Certified Arbitrator who has been retained by numerous insurance carriers and policyholders.  His active practice focuses on the defense and insurance coverage aspects of matters involving bad faith; construction site personal injury accidents (Labor Law §§ 200, 240(1) and 241(6)); and toxic tort and environmental issues. As a member of the Defense Research Institute (DRI), he is the Past Chair of the Insurance Law Committee and served on the Board of Directors and is the past Chair of the Law Institute. In addition, as a member of the Federation of Defense and Corporate Counsel, he is integrally involved in the relationship between the Insurance Industry and defense counsel. He has published and lectured extensively for many professional organizations.  Mr. Segalla possesses an AV rating from Martindale-Hubbell and has been named to the Top 50 of the New York Super Lawyers.

Direct Dial
716.566.5480
Fax
716.566.5401
E-mail
tsegalla@goldbergsegalla.com
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Practice Areas

  • Bad Faith and Extra-Contractual Litigation
  • Labor and Employment Litigation
  • Insurance Coverage Litigation
  • General Litigation
  • Product Liability Litigation
  • Toxic Tort Litigation
  • Professional Liability Litigation
  • Railroad Litigation
Education
  • University of Miami, Department honors, B.B.A., 1965
  • State University of New York at Buffalo School of Law, cum laude, J.D., 1972
Previous Experience
  • Co-Author Couch on Insurance 3d (West Publications)
  • "Meet The Experts," Matthew Bender & Co., Insurance Law
  • Scribes, The American Society of Writers on Legal Subjects
  • Mealey's Litigation Report: Insurance Bad Faith; LexisNexis 2004-
  •  "Bad Faith Update," Mathew Bender & Co., (publication advisory board, 1999-2004
  • Adjunct Professor, Practice and Procedure, State University of New York at Buffalo School of Law, 1985-1990
Professional Affiliations
  • Defense Research Institute
    • Board of Directors
    • Board Liaison to the Insurance Law Committee 
    • Past Chair of Law Institute
  • Federation of Defense and Corporate Counsel
    • Chair, Ethics and Professionalism Committee
    • Vice Chair, Admissions 
    • Member - Reinsurance Section, Environmental Law and Toxic Torts Section, Alternate Dispute Resolution Section, Insurance Coverage Section
  • British Law Association
  • International Association of Defense Counsel
  • International Association for Insurance Law
  • American Arbitration Association
    • Roster of Neutrals
  • National Foundation for Judicial Excellence
    • State Liaison
  • National Association of Railroad Trial Counsel
  • ARIAS U.S.
  • American Bar Association
    • Tort Trial and Insurance Practice Section 
  • USLAW
    • Chair, Insurance Committee
  • New York State Bar Association
    • Environmental Law Section
    • Torts, Insurance and Compensation Law Section
  • General Building Contractors of New York State
    • Associate Member 
  • Erie County Bar Association
  • Western New York Trial Lawyers Association
  • Defense Trial Lawyers Association of Western New York 
  • Insurance Club of Buffalo 1996, Director 1998-2001
  • Buffalo Insurance Claims Association 1972-
  • Utica Insurance Claims Association 1990-
  • Chartered Property Casualty Underwriter - Matriculated Student
  • New York State Insurance Department (CPCU Sponsorship) - Continuing Education Instructor 
Publications and Presentations
  • Co-Author, "Mealey's Litigation Report: Insurance Bad Faith," Monthly 2010 (January to December)
  • Co-Author, "Construction Defect Claims: An Update," 2010
  • Co-Author, Labor Law §200, 240(1) & 241(6) Update, Winter, 2010
  • Co-Author, "A Unique Opportunity: Evaluating Your Firm's Diversity Initiatives," For the Defense, Defense Research Institute, July, 2009
  • Co-Author, "2008 - A Year in Review, For the Insurer: Misrepresentations in the Insurance Process," Mealey's Litigation
  • Co-Author, "Nanotechnology: Something So Little Should Not Be Allowed To Get Too Big!," 2009
  • Co-Author, "Guideposts for Defending Directors and Officers in a Good and Bad Economy," Spring, 2009 
  • Moderator, "Prophylactic Measures to Reduce/Shift the Cost of Recalls," USLAW Network Spring Conference, Charleston, SC, March, 2009
  • Presenter, "Current Trends and Issues Impacting the Reinsurance Industry," Hawksmere International Reinsurance Congress, Hamilton, Bermuda, October, 2008
  • Co-Author, "Construction Defect Litigation: The Impact of the Lamar Homes and J.S.U.B. Decisions," DRI, The Critical Path, September, 2008
  • Co-Author, "2007 - A Year in Review, For the Insurer: Primary/Excess/Reinsurance -- An Increased Focus," Mealey's Litigation Report: Insurance Bad Faith, March, 2008
  • Presenter and Co-Author, "The Unsettling Nature of Right to Settlement Provisions in a Professional Liable Policy," Federation of Defense and Corporate Counsel Annual Meeting, February, 2008;  Federation of Defense and Corporate Counsel Quarterly, Vol. 56, No. 1, Fall, 2008
  • Co-Author, "Big Unknowns for "Science of the Small," DRI For The Defense, Defense Research Institute, May, 2007
  • Presenter,  "Nanotechnology:  Something So Little Should Not Be Allowed To Get Too Big," Federation of Defense and Corporate Counsel Winter Meeting, March, 2007.  (Nanotechnology has been considered by some to result in the next mass tort litigation, such as asbestos) 
  • Co-Author, "2006--A Year In Review For the Insurer:  How Discovery Can Impact Bad Faith Litigation," Mealey's Litigation Report:  Insurance Bad Faith, Vol. 20, #21, March, 2007  
  • Presenter, "Trends in Bad Faith Litigation," Kansas Association of Defense Counsel, December, 2006
  • Presenter, "DRI Food Liability - New Issues, New Strategies," November, 2006
  • Presenter,  "Bad Faith as a Continuum:  From Claim to Trial," DRI Southern Regional Meeting, June, 2006
  • Co-Editor-in-Chief, "Construction Site Personal Injury Litigation-New York Labor Law Sections §200, 240(1) and 241(6)," New York State Bar Association, 2006  
  • Presenter, "Misrepresentations in An Insurance Application:  There are Dangers in Those Lies," Federation of Defense and Corporate Counsel Mid-Winter Meeting, 2006
  • Co-Author, "2005 -A Year in Review for the Insurer: The Right to Be Wrong," Mealey's Litigation Report: Insurance Bad Faith, Vol. 19, #19, February, 2006  
  • Punitive Damages Bait and Switch:  Juries or Judges; Individual Suits or Class Actions, Federation of Defense and Corporate Counsel Quarterly, Vol. 56, No. 1, 2005 
  • Co-Author, "Workers' Comp Hot Sheet," for Quinlan's New York Workers' Compensation Law Bulletin, August, 2005-present
  • "The Use and Misuse of Expert Testimony in Municipal Cases Post-Daubert - A Current Consideration," For The Defense, Defense Research Institute, June, 2005 
  • Co-Author, "Silica:  Insurance Coverage Issues - An Update," Defense Research Institute, June, 2005
  • Presenter, "The Impact of the Medicare Secondary Payer Act on Workers' Compensation and Liability Cases," Defense Research Institute Insurance Roundtable, April, 2005
  • Presenter and Co-Author, “Insurance Issues Involving Municipalities – At a Glance,” Civil Rights and Governmental Tort Liability Seminar, Defense Research Institute, January, 2005  
  • Contributing Author and Editor, "Insurance Bad Faith: A Compendium of State Law,"  The Defense Research Library Series, 2004
  • "Tort Reform: Legislation or Litigation - Where Does the Solution Lie?," Federation of Defense and Corporate Counsel, 2004
  • "Food Litigation: Tell Me What You Eat and I Will Tell You Who You Are!." Federation of Defense and Corporate Counsel, 2003
  • "MOLD: Ways to Keep Abreast and Stay Current," Defense Research Institute, 2003
  • "Property Damage Coverage: Now You See It, Now You Don't," Defense Research Institute, 2003
  • "Insurance, Reinsurance and Self-Insured Retention: The Basics and Beyond," Federation of Defense and Corporate Counsel Quarterly, Vol. 52, No. 1, 2002
  • "Punitive Damages Bait and Switch: Juries or Judges - Individual Suits or Class Actions," Defense Research Institute, 2002
  • Co-Author, "2000-2001 Survey of New York Insurance Law,"  52 SYR L. Rev. 449, 2002  
  • "If It Isn't Mold - - What Is It? Sick Building and Indoor Air Quality," Defense Research Institute, 2002
  • "Mold - A Substantive and Insurance Coverage Checklist and Case Update," Federation of Defense and Corporate Counsel, 2002
  • "Bad Faith, A Case Update: What has Occurred and is Occurring in 2001-2002?," American Conference Institute, The Eight National Forum on Litigation, 2002
  • Author, "Bad Faith as a Continuum: From Claim to Trial," The Property Loss Research Bureau 2002 Claims Conference and Insurance Services Exposition, 2002
  • Author and Presenter, "Right of Privacy and Big Brother: Where Have We Been? and Where Are We Going?," Defense Research Institute, 2002
  • "Defense Research Institute Recommended Case Handling Guidelines For Insurers; Defense Research Institute Recommended Case Handling Guidelines for Law Firms, 1999-2001
  • Author, "Bad Faith As A Continuum: From Claim to Trial," Federation of Defense and Corporate Counsel Quarterly, Vol. 52, No. 1, 2001
  • Co-Author and Editor, 1999-2000 Survey of New York Insurance Law, 51 SYR L. Rev. 563, 2001
  • "Insurance Experts: The Need for a Proactive Challenge," Defense Research Institute, 2000
  • Author, "A Practical Tactical Approach to Declaration Judgment Actions (Update)," Defense Research Institute, 2000
  • Author and Presenter, "Bad Faith Avoidance: Who Set the Trap?," Defense Research Institute, 2000
  • Author, "Governmental and Industrial Claims in Gun Litigation and Coverage: Where To Go From Here?," Ali-ABA Course of Study Materials, 2000
  • "Examination Under Oath: A Proactive Sword," Defense Research Institute, 1999
  • Author and Presenter, "Y2K Third Party Insurance Issues: Help! We've Been Sued Over Y2 Something," Defense Research Institute, 1999
  • Author, "Bad Faith: What's Going on IN - CA, FL, NY & TX," Defense Research Institute, 1999
  • Co-Author, Couch on Insurance 3d, Westgroup, 1998
  • Author, "How to Win Early in Lead Paint Litigation," Federation of Defense and Corporate Quarterly, Vol. 50, No. 3, 1998
  • "Misrepresentation on the Application Process: There Are Dangers in Those Lies," Defense Research Institute, 1998
  • Author, "Claims and Defenses for Personal Injury within the Context of Premises Liability/Construction Site Injuries [New York Perspective]," Causes of Action Second, Vol. 9, Westgroup, 1997
  • Co-Author, "Anti-Subrogation, Additional Insureds and Other Related Issues," Construction Related Insurance Coverage Issues, Defense Research Institute, 1996
  • Co-Author, "A Tactical Approach to Declaratory Judgment Actions,"  For the Defense, Defense Research Institute, 1996
  • Co-Author, "To D.J. or Not to D.J.: What Then?," Insurer's Duties: A Coverage Perspective, Defense Research Institute, 1995
  • "Federal Preemption-A Prime Case Reference," Federation of Insurance & Corporate Counsel Quarterly, Vol. 46, No. 1, 1995
  • Presenter, "Reinsurance:  The Basics;" "Nursing Homes and Related Health Care Liability and Insurance:  Are There Any Trends?" "Insurance Defense and Coverage;" "Bad Faith and Extra Contractual Liability;" "Labor Law 200, 240, 241;" "Toxic Torts and Environmental" presented for the Federation of Defense and Corporate Counsel; Defense Research Institute; New York State Bar Association and the International Bar Association

Honors 

  • Named to Super Lawyers, Corporate Counsel Edition
  • Named one of the Top 50 New York Super Lawyers
  • Who's Who in America 
  • Who's Who in American Law
  • United Who's Who - Honored Lifetime Member
  • Presidential Who's Who Among Business and Professional Achievers
  • International Association of Business Leaders for commitment to sound business practices and having earned a reputation in the business community for vision, performance and leadership; Life Member, January, 2004
  • America's Registry of Outstanding Professionals 2003/2004
  • National Republication Congressional Committee's Business Advisory Council's 2003 Businessman of the Year
  • FDCC 2002 Andrew C. Hecker Award Bad Faith as a Continuum:  From Claim to Trial, Fall, 2001; presented in honor of Andrew C. Hecker, a leader of the defense bar; presented July 27, 2002
  • Excess Surplus Lines Claims Association for contribution to the Association's Fund of Knowledge, October, 2001

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