Thomas F. Segalla
Partner
- Direct — 716.566.5480
- Fax — 716.566.5401
- tsegalla@goldbergsegalla.com
Practice Groups
Thomas Segalla is a nationally recognized authority on reinsurance and insurance, an ARIAS Board-Certified Arbitrator and mediator, and a founding partner of the firm. He has been retained as counsel and as an expert by numerous major insurance carriers and policyholders in more than 35 jurisdictions nationally and internationally. 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)); toxic tort and environmental issues; and extra-contractual, product liability, professional liability and railroad litigation.
Tom is the co-author of the renowned insurance law treatise Couch on Insurance 3d, and he has published and lectured extensively for many professional organizations. As a member of the Defense Research Institute (DRI), he is currently Chair of the organization’s Publications Board and has previously served as Chair of DRI’s Insurance Law Committee, Chair of its Law Institute and a member of its Board of Directors. 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.
Honors
- AV rated by Martindale-Hubbell
- Selected for inclusion in Super Lawyers, Corporate Counsel Edition
- Selected for inclusion in New York Super Lawyers; Top 50 List
- Selected for inclusion in Business First's Who's Who in Law
- 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, Life Member, January 2004, for commitment to sound business practices and having earned a reputation in the business community for vision, performance and leadership
- America's Registry of Outstanding Professionals, 2003-2004
- National Republican Congressional Committee's Business Advisory Council's 2003 Businessman of the Year
- Federation of Defense and Corporate Counsel 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
Professional Affiliations
- Defense Research Institute: Chair, Publications Board; Former Member, Board of Directors; Former Board Liaison to the Insurance Law Committee; Past Chair of Law Institute
- Federation of Defense and Corporate Counsel: Insurance Coverage Section; Reinsurance, Excess and Surplus Lines Section; International Practice & Law Section; Toxic Tort and Environmental Law Section; Insurance Industry Initiatives Committee; Publications Committee; Insurance Symposium Committee; Extra Contractual Liability Section
- International Association of Defense Counsel: Ethics, Insurance/Reinsurance, International and Toxic Tort sections
- British Law Association
- 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: Former Chair, Insurance Committee
- New York State Bar Association, Environmental Law Section and Torts, Insurance and Compensation Law Section
- General Building Contractors of New York State: Associate Member
- Bar Association of Erie County
- 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-present
- Utica Insurance Claims Association, 1990-present
- Chartered Property Casualty Underwriter, Matriculated Student
- New York State Insurance Department (CPCU Sponsorship), Continuing Education Instructor
- Council on Litigation Management: Insurance Bad Faith and Insurance Fraud Committees
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-present
- "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
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
Publications/Presentations
- Presenter, “Preventing Bad Faith Claims: Lessons Learned from the Past and Issues of the Future!,” "Bad Faith as a Continuum: From Claim to Trial,” and “Bad Faith: The Admissibility of Expert Testimony and the Challenges That Follow”, American Conference Institute, Orlando, FL, November 2011
- Presenter, “Preventing the Bad Faith Claim” and "Trying The Bad Faith Case," Council on Litigation Management Bad Faith Conference, Boston, September 16, 2011
- Presenter, “Bad Faith Trends: The Players and Playing Field,” Defense Research Institute’s Bad Faith and Extra-Contractual Liability Seminar, Washington, D.C., June 24, 2011
- Author, “Construction Defect Claims: An Update,” Federation of Defense and Corporate Counsel, February 26, 2011
- Co-Presenter, “To Cover or Not to Cover: An Update on Insurance Litigation and Legislation Related to Claims Arising from Chinese Drywall,” Federation of Defense and Corporate Counsel, February 26, 2011
- 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, 2009
- Co-Author, “Nanotechnology: Something So Little Should Not Be Allowed to Get Too Big!,” 2009. (Nanotechnology has been considered by some to result in the next mass tort litigation, such as asbestos.)
- 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
- Presenter and Co-Author, “The Unsettling Nature of Right to Settlement Provisions in a Professional Liability 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, “2007 - A Year in Review for the Insurer: Primary/Excess/Reinsurance — An Increased Focus,” Mealey’s Litigation Report: Insurance Bad Faith, March 2008
- Co-Author, “Big Unknowns for ‘Science of the Small,’” For The Defense, Defense Research Institute, May 2007
- 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, No. 21, March 2007
- Presenter, ”Nanotechnology: Something So Little Should Not Be Allowed to Get Too Big,” Federation of Defense and Corporate Counsel Winter Meeting, 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
- Presenter, “Misrepresentations in An Insurance Application: There Are Dangers in Those Lies,” Federation of Defense and Corporate Counsel Mid-Winter Meeting, 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
- Co-Author, “2005 - A Year in Review for the Insurer: The Right to Be Wrong,” Mealey’s Litigation Report: Insurance Bad Faith, Vol. 19, No. 19, February 2006
- Author, “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
- Author, “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
- Author, “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
- Author, “MOLD: Ways to Keep Abreast and Stay Current,” Defense Research Institute, 2003
- Author, “Property Damage Coverage: Now You See It, Now You Don’t,” Defense Research Institute, 2003
- Author and Presenter, “Right of Privacy and Big Brother: Where Have We Been? and Where Are We Going?,” Defense Research Institute, 2002
- Author, “Insurance, Reinsurance and Self-Insured Retention: The Basics and Beyond,” Federation of Defense and Corporate Counsel Quarterly, Vol. 52, No. 1, 2002
- Author, “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
- Author, “If It Isn’t Mold — What Is It? Sick Building and Indoor Air Quality,” Defense Research Institute, 2002
- Author, “Mold — A Substantive and Insurance Coverage Checklist and Case Update,” Federation of Defense and Corporate Counsel, 2002
- Author, “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, “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
- Author, “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
- Author and Presenter, “Bad Faith Avoidance: Who Set the Trap?,” Defense Research Institute, 2000
- Author and Presenter, “Y2K Third Party Insurance Issues: Help! We’ve Been Sued Over Y2 Something,” Defense Research Institute, 1999
- 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
- Author, “Examination Under Oath: A Proactive Sword,” 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
- Author, “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
- Author, “Federal Preemption-A Prime Case Reference,” Federation of Insurance & Corporate Counsel Quarterly, Vol. 46, No. 1, 1995
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