Patrick B. Omilian

Patrick B. Omilian

Partner

Practice Groups

Patrick Omilian focuses his practice on complex insurance coverage and reinsurance matters, providing coordinating counsel, coverage opinion, and coverage litigation for clients across the nation.

Patrick’s practice encompasses insurance coverage analysis and advocacy on matters involving environmental damages, reinsurance, complex claims, and bad faith. He has provided coverage counsel and representation for reinsurers and insurers of law enforcement agencies and other municipal bodies facing multi-million dollar claims for false arrest and imprisonment, malicious prosecution, pay parity, and other issues. These cases frequently involve the deposition of expert witnesses, complex apportionments of “fault,” and underlying issues that stretch back decades. Patrick also serves as coordinating counsel for a leading national provider of service contracts and extended warranties. In this role he coordinates with local attorneys across the country litigating frequent and simultaneous small and large claims to ensure a consistent defense strategy that’s streamlined, cost-effective, and in line with the client’s business philosophy. A frequent author and speaker on issues relating to insurance, he is an authority on bad faith, reinsurance, and law enforcement liability coverage. As such, Patrick’s relationship with his clients involves not only coordination and litigation, but every effort to keep them apprised of case decisions, new laws and regulations, emerging trends, and other developments that might affect their business.

A native of Buffalo, NY, Patrick built his early practice on a passion for environmental stewardship, which spurred him to earn a Master’s degree in environmental science and gain experience working in an industrial wastewater treatment facility and a fisheries research laboratory in the Adirondacks. He combined his educational and real-world training with legal experience in insurance, regulations, and litigation regimes to provide effective advocacy in complex environmental matters. Now, Patrick’s long record of state and federal courtroom successes includes defending against environmental claims, copyright infringement, defamation, and an architect design defect involving catastrophic injuries, as well as his coordinating counsel work and landmark successes defending law enforcement, municipal, homeowners, and commercial general liability insurers and reinsurers. Still a dedicated and outdoorsman, Patrick is a SCUBA-certified diver and an avid fisherman, and enjoys hiking, kayaking, and camping. He also volunteers with the Buffalo Niagara Riverkeeper as a Riverwatch captain and a site captain for biannual shore clean-ups.

Representative Matters
  • Represented law enforcement liability insurer in coverage action involving claims against the insured county by three men who were wrongly incarcerated for nearly 30 years each
  • Represented municipal liability insurer in litigation with the insured county concerning coverage for over $18 million in pay parity claims by county employees
  • Represented commercial general liability insurer in coverage dispute with putative additional insured regarding potential coverage with respect to liability for catastrophic automobile accident involving a subcontractor’s employee
  • Represented homeowners insurer in dispute over coverage for property damage to home caused by leaking fuel oil tank in basement of insured dwelling
  • Represented homeowners insurer in dispute over coverage for property damage to home caused by frozen pipes in basement of insured dwelling
  • Represented commercial general liability insurer in dispute over additional insured coverage for general contractor facing an employee’s construction site injury suit
  • Represented commercial general liability insurer in dispute over coverage for contaminated groundwater caused by leaking underground gasoline storage tank
  • Represented commercial property insurer in dispute over coverage where insured premises were allegedly destroyed by arson
Honors
  • Upstate New York Super Lawyers, 2013-2016
Professional Affiliations
  • Defense Research Institute: Excess Umbrella Subcommittee, Insurance Committee; Covered Events, Associate Editor
Admitted to Practice
  • New York
  • Indiana
  • U.S. District Courts for the Northern and Southern Districts of Indiana
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of New York
  • U.S. Courts of Appeals for the Fifth and Seventh Circuits
Community Involvement
  • Buffalo Niagara Riverkeeper, Riverwatch Captain
Education
  • Indiana University, Bloomington, Maurer School of Law, J.D., 2002
  • Indiana University, Bloomington, School of Public and Environmental Affairs, M.S.E.S., 2002
  • Cornell University, College of Agriculture and Life Sciences, B.S., 1995
Publications/Presentations
  • Presenter, "Good Faith, Bad Faith, and Everything in Between," Annual Meeting of  the Arizona Association of Defense Counsel, June 1-2, 2017
  • Editor, Part I, "The Concept of Reinsurance," Reinsurance Professional's Deskbook, 2017-2018 ed., Thomson Reuters and DRI, 2017
  • Presenter, "Reinsurance 201: Beyond the Basics," New York State Judicial Institute Webinar, May 17, 2016
  • "Reinsurance 101: The Basics of Reinsurance," New York State Judicial Institute Webinar, May 17, 2016
  • Editor, “Part III: The Claims Process,” in Reinsurance Professional’s Deskbook: A Practical Guide, Thomson Reuters and DRI, January 2015
  • Co-panelist, "Emerging Trends in Bad Faith," DRI Insurance Coverage and Practices Syposium, New York, NY, December 2014
  • Co-Presenter, “Primary and Excess Insurers – Bad Faith – Has the Playing Field Changed?” 1st Annual Bad Faith Litigation Strategies ExecuSummit, Uncasville, CT, November 4-5, 2014
  • Co-Author, “Superstorms, Vanishing Deductibles, and Floods That Are Not Floods: How Climate Is Changing the Legal Landscape of Insurance Coverage,”USLAW Magazine, Spring/Summer 2014
  • Contributor to “Leading Coverage Lawyers: The Most Significant Insurance Coverage Decisions of 2013,”Coverage Opinions, Vol. 3, Issue 1, January 8, 2014
  • Co-Author, “Claims Against Reinsurers Are on the Rise,”Global Reinsurance 2013 Full-Year Review, December 2013
  • Co-Author, “Climate Change: A New Era of Old Challenges for the Insurance Industry,”LexisNexis Legal Newsroom: Insurance Law, September 23, 2013
  • Author, “How Climate Change and Microinsurance are Converging in Latam,”Latam Insurance Review, September 2013
  • Presenter, “Hot New Cases in Bad Faith: Case Law Update,” DRI Insurance Bad Faith and Extra-Contractual Liability Seminar, Boston, June 2013
  • Presenter, “Insurance Bad Faith,” NYSBA Seminar: Advanced Insurance Coverage: Hot Topics, Tough Issues, and a Look Ahead, May 2013
  • Author, “Bad Faith Beyond New York,” NYSBA Advanced Insurance Coverage Seminar: Hot Topics, Tough Issues, and a Look Ahead, May 2013
  • Author, “Expert Commentary: Home Owner’s Failure to Cooperate Yields Denied Claim,” IRMI Personal Lines Pilot, March 15, 2013
  • Author, “Expert Commentary: Thorough Investigation Key in Multiple-Dog Incidents,” IRMI Personal Lines Pilot, January 11, 2013
  • Co-Author, “The Duty to Notify an Excess Carrier: Considerations for Defense Counsel,”Medical Malpractice Law & Strategy, March 2013
  • Presenter, "Hot Buttons in Bad Faith," Defense Trial Counsel of Indiana's Annual Conference, November 2012
  • Co-Editor-In-Chief, "DRI Excess Umbrella Insurance State-by-State Compendium 2012," Defense Research Institute, 2012
  • Author, "DRI Excess Umbrella Insurance State-by-State Compendium 2012," Tennesee Chapter, Defense Research Institute, 2012
  • Co-Author, "DRI Excess Umbrella Insurance State-by-State Compendium 2012," Indiana Chapter, Defense Research Institute , 2012
  • Presenter, "Advanced Insurance Coverage Update on Additional Insured Coverage," New York State Bar Association, May 2012
  • Author, “Timely Sworn Proof of Loss Essential to Flood Claim,” Personal Lines Pilot Case of the Month, International Risk Management Institute, April 13, 2012
  • Author, “Court Rules That Diminished Value Auto Loss Covered,” Personal Lines Pilot Case of the Month, International Risk Management Institute, February 10, 2012