Thomas Hay

Thomas S. Hay is an experienced insurance litigator and strategic advisor.  Tom is known for tackling and resolving complex insurance issues – whether through litigation or by providing strategic and creative pre-litigation solutions for clients.

Tom has successfully represented clients in a wide range of high-stakes insurance coverage, bad faith / extracontractual, and commercial disputes in trial and appellate courts across the country. Tom also regularly represents clients in mediation and arbitration proceedings.

Tom has deep experience counseling clients in connection with issues arising under various types of insurance, including professional liability, environmental, cyber, directors and officers (D&O), architects and engineers (A&E), media-tech, business interruption, commercial general liability, and employment liability.

Tom advises clients regarding coverage issues, claims-handling issues, and statutory and regulatory compliance. In 2017, Tom seconded as a complex claims team leader in the Atlanta office of a leading London syndicate, an experience that gave him valuable insight into what clients need and expect from outside counsel. Tom frequently gives in-house presentations to clients and hosts webinars regarding a wide variety of legal issues.

Representative Matters :

• Regularly represents insurers in connection with a wide variety of issues related to governmental investigations, professional malpractice, architects and engineers professional liability, various types of class actions, D&O liability, violations of the False Claims Act, fraud, bank failures, business interruption, data loss, and computer network security breaches.
• Advises insurers on complex environmental risks involving owners of property; industrial and commercial operations; general and specialty contractors; and the environmental services industry.
• Defended cyber liability insurer in coverage litigation in Missouri involving issues of first impression for data breach liability and negotiated favorable settlement for the client.
• Defended professional liability insurer in coverage litigation in North Carolina and negotiated a favorable settlement for the client.
• Defended general liability insurer in coverage and bad faith litigation in Texas and negotiated a favorable settlement for the client.

Professional and Community Involvement :

• Professional Liability Underwriting Society
• International Association of Privacy Professionals
• Virginia Bar Association
• Member of the Young Professionals Advisory Committee to the Board for the Atlanta Children’s Shelter (2018)

EDUCATION :

• American University, Washington College of Law, J.D., cum laude, 2009
• Dickinson College, B.A., 2004

COURT ADMISSIONS :

• U.S. District Court for the Eastern District of Virginia
• Supreme Court of Virginia
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the District of Columbia

BAR ADMISSIONS : Virginia, District of Columbia.