Brian J. Clifford

Partner

Biography

Brian J. Clifford has nearly 20 years of coverage, litigation, and trial experience in multiple jurisdictions. As a former police officer, English teacher, and municipal defense attorney, Brian quickly identifies core coverage issues and turns complex legal principles into accessible, winning arguments.

Brian serves as SDV Fenchurch’s resident writer and grammar expert. He also mentors attorneys new to the practice of insurance coverage in the arts of writing, oral advocacy, and deep-issue analysis.

Experience

Brian tried his first of many cases six months after being admitted to the bar and litigated a wide variety of cases defending police and fire departments, school districts, municipalities, libraries, and individual city and town employees. He has worked on everything from police use-of-force claims to employment-discrimination and land-use claims. As a coverage attorney, Brian has used his trial experience to negotiate large-value settlements in policyholders’ favor by preparing his cases for a jury from the moment the complaint is filed.

Brian also has significant experience representing policyholders and businesses in complex insurance coverage and litigation matters. His recent accomplishments include litigating and negotiating a substantial settlement involving the failure to properly place key-man life insurance for a closely held corporation, securing the settlement of a rescission action brought by an insurer in connection with a series of personal injury claims, and advocating for a construction company regarding the scope of builders-risk coverage for a major defective workmanship claim.

He has also achieved notable appellate successes on behalf of policyholders, including a Florida Supreme Court decision holding that a notice of right to repair constitutes a “suit” for insurance coverage purposes and a Rhode Island Supreme Court decision finding that a “Good Samaritan” injured while rendering roadside assistance was “occupying” the insured vehicle and therefore entitled to uninsured motorist benefits. His practice is distinguished by a deep understanding of insurance coverage issues and a proven ability to secure favorable outcomes in high-stakes disputes.

With nearly 20 years of experience in insurance coverage, litigation, and trial practice across multiple jurisdictions, Brian brings a comprehensive and strategic approach to complex legal matters. He has extensive experience litigating constitutional and statutory issues and has successfully negotiated and litigated sophisticated insurance coverage, construction, and professional liability disputes. Brian is also recognized as SDV Fenchurch’s resident authority on London Engineering Group (LEG) exclusions, providing valuable insight on some of the most challenging issues affecting construction and builders-risk claims. In addition to his client advocacy, he is committed to the professional development of fellow attorneys, regularly mentoring lawyers in insurance coverage analysis, legal writing, and oral advocacy.

Insights by Brian J. Clifford

Collateral Damage: How to Avoid the Pitfalls of Collateral Agreements

Although collateral agreements provide security for insurers on policies with large deductibles, they can create hardships for insureds that are out of proportion with the insurers’ security concerns. Insurers require collateral as security for the repayment of insureds’ deductible obligations for large-deductible liability insurance policies. But collateral agreements also can tie up millions of dollars […]
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New Jersey Court See’s Potential in Optical Services COVID-19 Coverage Suit

In Optical Services USA/JCI v. Franklin Mut. Ins. Co.,1 the New Jersey Superior Court denied the insurer’s motion to dismiss the policyholders’ COVID-19 coverage suit. The Plaintiffs, in this case, were optometrists’ offices forced to close by New Jersey Governor Phil Murphy’s Executive Order No. 107, which temporarily shut down non-essential businesses to help slow the spread […]
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Preventing Pitfalls in Policyholder Pandemic Pleadings: Lessons Learned from Recent Restaurant Rulings

Recently, federal courts in California and Florida dismissed claims brought by restauranteurs against their insurance companies after the insurers denied business-interruption coverage for losses related to COVID-19 quarantine orders. In both cases, the courts held that the policyholders had not sufficiently alleged that their properties had suffered “direct physical loss or damage,” as required by […]
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Admissions

Connecticut
Massachusetts
New York
Ohio
Rhode Island
U.S. District Court, District of Connecticut
U.S. District Court, District of Massachusetts
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, District of Rhode Island
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit