John R. Casey – Attorney

518.621.4408   •   john@cabanisscasey.com

FOCUS OF PRACTICE

Insurance Coverage  •  Torts & Products Liability Defense  •  Professional Liability Defense

John concentrates his practice in the representation of insurers and their insureds in first-party and third-party matters in the areas of personal injury, property damage subrogation and legal malpractice, including trial and appellate representation. John has represented virtually all of the major insurance companies, as well as many smaller mutual and cooperative insurers.

John litigates fraud and arson, insurance defense matters, as well as rendering coverage opinions and advice on complex property insurance claims. He has lectured for the New York State Bar Association and several insurance claims organizations on insurance coverage, subrogation, and environmental issues, as well as authoring a number of articles for the New York Law Journal on timely property coverage issues. In addition, he also directs large loss property subrogation and investigations and litigation for his insurance clients.

As a member of the Appellate Division, Third Department’s Committee on Professional Standards from 2007-2013, John participated in reviewing complaints against attorneys and recommending appropriate discipline.

PROFESSIONAL EXPERIENCE

Senior Partner: Cabaniss Casey LLP

2015 – Present

Partner: Hiscock & Barclay, LLP (now Barclay Damon, LLP)

2004 – 2015

Partner: Bouck, Holloway, Kiernan & Casey, LLP

1970 – 2003

EDUCATION

Albany Law School of Union University, J.D., cum laude; Justinian Society; Lead Articles Editor, Albany Law Review; 1970
Siena College, B.A., cum laude, 1967

MATTERS HANDLED

  • Defended municipality against Federal 1983 civil rights violation claims by professional ice skating coach who was banned from skating arena resulting in district court jury verdict for defense.
  • Successfully defended numerous property insurers in fire claims on grounds that insured intentionally set fire to recover insurance.
  • Defended insurers in fraudulent jewelry theft claims through favorable jury trials and appeals.
  • Represented property insurer on coverage issue involving theft by a tenant of the covered premises. Summary judgment granted by the lower court in favor of the insurer. The Appellate Division reversed and the New York Court of Appeals reversed and dismissed the insured’s claim.
  • Represented insurance companies in fire and explosion subrogation losses against public utility suppliers through jury trial and appeals resulting in full recoveries for the insurers.
  • Represented insurer in subrogation against major manufacturer for damages resulting from defective transformer parts resulting in seven figure recovery.
  • Represented insurer in subrogation action for fire damages to school building and contents caused by two teenage students who ignited card board boxes outside school building. Established at trial that loss was result of unintended consequences of defendants’ intentional acts in order to invoke liability insurance coverage for defendants where their insurer had denied coverage.
  • Successfully defended legal malpractice action against attorney by former client involving allegations of fraud, conflict of interest, self-dealing and other ethical violations. Judgment in favor of the client was affirmed on appeal by the Appellate Division and leave to appeal was denied by the New York Court of Appeals.

SPEAKING ENGAGMENTS & PUBLICATIONS

  • Speaker, New York State Bar Association, Continuing Legal Education program, “Mold: A Comprehensive Primer on Claims and Litigation in New York State”, April 30, 2004.
  • Speaker, Albany Claims Association, Fall Education Workshop, Property Law Update, 1990-2015.
  • Author, “When is a Proof of Loss a Proof of Loss”, New York Law Journal, March 1, 2007.
  • Author, “Mortgagee Rights”, New York Law Journal, August 13, 2008.
  • Author, “Insurance Appraisal Issues in New York”, New York Law Journal, September 14, 2009.
  • Author, “Collapse Coverage in New York”, New York Law Journal, January 20, 2011.
  • Author, “Residency Requirement under Homeowners Insurance”, New York Law Journal, November 5, 2012.

BAR MEMBERSHIPS & AFFILIATIONS

  • Admitted to practice in all New York State Courts.
  • U.S. District Court, Northern District of New York.
  • Committee on Professional Standards, Third Judicial Department, member 2006-2013

HONORS

  • Martindale-Hubbell “AV” Peer Review Rated; Preeminent Ethical Standards and Legal Ability; 5.0 out of 5
  • Selected by Peer Review for Inclusion in Super Lawyers Directory 2012, 2013, and 2014 for Insurance Coverage