Practice Expertise
- Insurance Recovery
- Litigation
Areas of Practice
- Insurance Recovery
- Litigation
Profile
Barry Buchman, a partner in the Insurance Recovery practice group, has been recognized as a leading policyholder insurance lawyer by Benchmark Litigation, Euromoney Institutional Investor PLC (2019), The Best Lawyers in America, Woodward/White, Inc. (2016-2019), Chambers USA, Chambers & Partners (2012-2019), and Washington, D.C. Super Lawyers, Thomson Reuters (2013-2018). Barry represents policyholders in a wide variety of complex insurance coverage matters. He has handled disputes over general liability coverage for various toxic tort and environmental claims, including “medical monitoring” claims and claims by governmental entities related to public health; disputes over directors and officers (D&O) coverage for shareholder class actions and government investigations; disputes over errors and omissions (E&O) coverage for consumer class actions; disputes over coverage for sexual misconduct claims; and disputes over coverage for “first-party” losses such as business interruption and losses on leased and financed assets. Barry regularly publishes and speaks on insurance coverage issues, and he has been quoted in leading publications such as the Wall Street Journal, the National Law Journal, and Business Insurance.
Barry also handles matters involving highly-specialized insurance products. These products include corporate-owned life insurance (COLI), residual value insurance, and insurance products that are unique to automotive dealers.
Over the course of his 20-year career, Barry has successfully litigated significant and cutting-edge insurance coverage cases, both in federal and state trial and appellate courts and in the context of private arbitration. These successes include the first pro-policyholder appellate decision on the issue of whether a policyholder can sue a reinsurer in tort for interfering with the policyholder-insurance company relationship. They also include favorable decisions on issues of first-impression regarding coverage under D&O insurance policies for merger-and-acquisition claims; these decisions have related to both the scope of the so-called “bump-up” exclusion and the scope of so-called “control person capacity” endorsements. He also has negotiated and mediated numerous favorable settlements for his clients, sometimes without ever needing to file litigation. In total, Barry has helped to obtain over $1 billion in insurance assets for his clients.
In addition to his insurance coverage practice, Barry also represents businesses in complex commercial disputes, such as those involving allegations of commercial disparagement and other business torts.
Barry has developed a particular niche representing clients in the private equity and automotive spaces. His clients include one of the world’s leading private equity firms and one of the largest diversified automotive companies in the world.
Barry maintains an active pro bono practice; he has handled several federal civil rights cases on behalf of the disabled and he serves on the board of directors of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
Barry also handles matters involving highly-specialized insurance products. These products include corporate-owned life insurance (COLI), residual value insurance, and insurance products that are unique to automotive dealers.
Over the course of his 20-year career, Barry has successfully litigated significant and cutting-edge insurance coverage cases, both in federal and state trial and appellate courts and in the context of private arbitration. These successes include the first pro-policyholder appellate decision on the issue of whether a policyholder can sue a reinsurer in tort for interfering with the policyholder-insurance company relationship. They also include favorable decisions on issues of first-impression regarding coverage under D&O insurance policies for merger-and-acquisition claims; these decisions have related to both the scope of the so-called “bump-up” exclusion and the scope of so-called “control person capacity” endorsements. He also has negotiated and mediated numerous favorable settlements for his clients, sometimes without ever needing to file litigation. In total, Barry has helped to obtain over $1 billion in insurance assets for his clients.
In addition to his insurance coverage practice, Barry also represents businesses in complex commercial disputes, such as those involving allegations of commercial disparagement and other business torts.
Barry has developed a particular niche representing clients in the private equity and automotive spaces. His clients include one of the world’s leading private equity firms and one of the largest diversified automotive companies in the world.
Barry maintains an active pro bono practice; he has handled several federal civil rights cases on behalf of the disabled and he serves on the board of directors of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
Bar Admissions
District of Columbia
Maryland
Virginia
Education
J.D., American University Washington College of Law, 1997, summa cum laude
B.A., Indiana University, 1994, with distinction, Phi Beta Kappa
Areas of Practice
- Insurance Recovery
- Litigation
Professional Career
Significant Accomplishments
Represented a Fortune 100 company in massive litigation, against nearly 60 insurance companies, over coverage for hundreds of thousands of asbestos-related and silica-related bodily injury claims. The case, which involved a dispute over hundreds of millions of dollars in coverage, resulted in numerous favorable rulings for the client.
Represented a Fortune 500 company in litigation over coverage for numerous lead paint claims around the country. The case resulted in numerous favorable rulings for the client, including regarding coverage for “medical monitoring” claims and for claims brought by governmental entities.
Represented one of the nation’s largest automotive companies in a residual value insurance case, which involved pursuing coverage for nine-figure losses on a portfolio of several hundred thousand leased vehicles. The case culminated in a five-week arbitration hearing, and resulted in a nine-figure settlement just before the end of trial.
Represented a large private equity firm on the insurance aspects of the diligence regarding the acquisition of a portfolio company.
Represented an automotive industry company in pursuing E&O coverage for two class actions relating to the collection of deficiency balances on auto loans. The matters resolved successfully when the client’s insurers agreed to fund most of the underlying class action settlements.
Represented a large company in pursuing D&O coverage for several securities class actions arising from an Initial Public Offering. The matter resolved successfully when the client’s insurers agreed to fund most of the global settlement of the underlying litigation.
Represented a “start-up” business in placing its insurance coverage program.
Represented a Fortune 100 company in addressing its rights under various COLI policies.
Represented a Fortune 100 company in massive litigation, against nearly 60 insurance companies, over coverage for hundreds of thousands of asbestos-related and silica-related bodily injury claims. The case, which involved a dispute over hundreds of millions of dollars in coverage, resulted in numerous favorable rulings for the client.
Represented a Fortune 500 company in litigation over coverage for numerous lead paint claims around the country. The case resulted in numerous favorable rulings for the client, including regarding coverage for “medical monitoring” claims and for claims brought by governmental entities.
Represented one of the nation’s largest automotive companies in a residual value insurance case, which involved pursuing coverage for nine-figure losses on a portfolio of several hundred thousand leased vehicles. The case culminated in a five-week arbitration hearing, and resulted in a nine-figure settlement just before the end of trial.
Represented a large private equity firm on the insurance aspects of the diligence regarding the acquisition of a portfolio company.
Represented an automotive industry company in pursuing E&O coverage for two class actions relating to the collection of deficiency balances on auto loans. The matters resolved successfully when the client’s insurers agreed to fund most of the underlying class action settlements.
Represented a large company in pursuing D&O coverage for several securities class actions arising from an Initial Public Offering. The matter resolved successfully when the client’s insurers agreed to fund most of the global settlement of the underlying litigation.
Represented a “start-up” business in placing its insurance coverage program.
Represented a Fortune 100 company in addressing its rights under various COLI policies.
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