Barry I. Levy

Barry I. Levy litigates complex insurance, healthcare, financial services, and labor/employment actions on behalf of institutional and individual clients.

Barry has tried dozens of complex cases over the course of his career.

He counsels healthcare, automobile, property, fidelity, and life insurers on claims handling practices and investigation techniques and the development of fraud prevention, detection, and recovery plans. He represents insurers in the defense of litigation challenging claims handling practices and seeking
payment on fraudulent claims and he prosecutes affirmative actions to recover insurance company claim payments to physicians, medical clinics, attorneys, public adjusters, and others involved in systemic claims fraud schemes.

Barry represents national and regional clients in the investigation and prosecution of affirmative litigation to recover assets lost as a product of defalcation and complex fraud and kickback schemes.

In addition, he represents welfare and pension plans as well as their boards of trustees and plan administrators in matters concerning ERISA compliance, fiduciary duty and prohibited transactions, challenges to plan denials of claims for benefits, challenges to investment decisions, and delinquent
employer contribution and collection claims.

He also represents clients in federal and state litigation, arbitration, mediation, and administrative proceedings in matters relating to collective bargaining, workplace employment practices (including discrimination and sexual harassment), reductions in force and other restructurings, employment policies and procedures, employee discipline and discharge, and employment agreements, restrictive covenants, and wage and hour practices.

The significant decisions he has obtained include:

• Pedi v. Gov’t Emples. Ins. Co., 2014 U.S. App. LEXIS 11497 (2d Cir. 2014) (affirming summary judgment dismissing age discrimination and retaliation claims)
• Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 514 Fed. Appx. 51 (2d Cir. 2013) (affirming dismissal of more than $30,000,000 in civil RICO claims against insurance guaranty fund trade organization)
• Spataro v. Gov’t Employers Ins. Co., 2014 U.S. Dist. LEXIS 109068 (E.D.N.Y. 2014) (dismissing putative class action claims under federal Fair Labor Standards Act and New York labor law)
• Gov’t Emples. Ins. Co. v. Uptown Health Care Mgmt., 945 F. Supp. 2d 284 (E.D.N.Y. 2013) (denying motion to dismiss insurers’ civil RICO and fraud claims against Article 28 facility alleged to have operated in violation of state licensing laws)
• Liberty Mut. Ins. Co. v. Excel Imaging, P.C., 879 F. Supp. 2d 243 (E.D.N.Y. 2012) (denying motion seeking dismissal of insurers’ civil RICO and fraud claims against professional corporation alleged to have operated in violation of state licensing laws and staying the professional corporation’s attempts to collect on its pending billing through arbitration)
• Travelers Indem. Co. v. Valley Psychological, P.C., 2012 U.S. Dist. LEXIS 118190 (E.D.N.Y. 2012) (denying alleged insurance fraud ring’s motion to dismiss, for summary judgment, or to strike allegations in insurer’s fraud complaint)
• Gov’t Emples. Ins. Co. v. Hollis Med. Care, P.C., 2011 U.S. Dist. LEXIS 130721 (E.D.N.Y. 2011) (on motion for reconsideration, reinstating RICO claims brought by insurer against alleged insurance fraud ring that previously had been dismissed)

Barry’s articles on insurance law have appeared in the New York Law Journal, among other places, and he has spoken at the New York Anti-Car Theft and Fraud Association Annual State Education Conference, the Insurance Fraud Management Conference, the New York State Chapter of Special Investigation Units, and the Coalition Against Insurance Fraud.