Austin Hendricks
Associate
Buffalo
Practice Areas
Property Insurance Litigation
about me
credentials & achievements
professional Focus
affiliations
significant matters
media
insights
About Me
Austin takes a hands-on approach to every case. He digs into the facts, knows the file inside and out, and sweats the details that other people might gloss over, because in this work, the details are usually where cases are won or lost. He's a hard worker by nature and genuinely cares about getting his clients where they want to be. He also believes an open line of communication is non-negotiable: clients hear from him with timely updates, and when they call, he calls back. No one should have to wonder what's happening with their case.
His practice covers three main areas. He defends insurance carriers in first-party property cases, including coverage disputes, scope-of-loss fights, and bad faith claims. He also handles subrogation matters for insurers looking to recover what they've paid out. And he represents defendants in lawsuits arising out of Merchant Cash Advance agreements. a niche area that's been getting busier and more interesting over the last few years.
Outside the office, Austin is a die-hard Buffalo sports fan and spends most of his free time with family and friends.
Credentials & Achievements
Education:
University of Toledo College of Law, J.D.
Hilbert College, B.S., cum laude
Admissions:
New York
United States District Court for the Northern District of New York
United States District Court for the Western District of New York
Professional Focus
Capabilities:
- First-Party Property Insurance Defense —Represents insurers in disputes with their policyholders over property claims, including fire, water, wind, theft, and storm losses. This covers everything from coverage analysis and reservation of rights letters to defending bad faith claims and litigating disputes over scope of damage, valuation, and policy interpretation.
- Examinations Under Oath & Claim Investigation — Conducting EUOs, working with cause-and-origin experts, public adjusters, and engineers, and helping carriers build the factual record before a coverage decision is made.
- Subrogation — Pursuing recovery on behalf of insurers after they've paid a claim. Investigates liability, identify responsible third parties, send preservation and demand letters, file suit when needed, and see the case through to recovery — whether by negotiation, mediation, or trial.
- MCA Defense — Defending merchants and alleged personal guarantors against merchant cash advance companies. This includes moving to vacate judgments, raising usury and recharacterization defenses, raising personal guarantee defenses, and negotiating settlements with funders.
- Pleadings & Early Motion Practice — Drafting complaints, answers, counterclaims, and third-party pleadings; handling motions to dismiss, motions to vacate, and TRO/preliminary injunction practice where account freezes or levies are at issue.
- Discovery — Written discovery, document productions, subpoenas to third parties, and taking and defending depositions of insureds, claim handlers, and adjusters.
- Motion Practice — Summary judgment, motions to compel, and motions in limine — whatever the case calls for to narrow the issues before trial.
- Mediation & Settlement — Most of these cases resolve before trial, and a meaningful part of my practice is getting them there on favorable terms, by negotiating damages, attending mediations, and endorsing releases and settlement agreements that actually close the file.
- Post-Judgment Work — Post-trial motions, appellate support, and judgment enforcement on the subrogation side, including restraining notices, information subpoenas, and turnover proceedings.
Industries Served:
- Insurance
- Professional & Business Services
Affiliations
- Erie County Bar Association
- New York State Bar Association
- Young Lawyers Committee
Significant Matters
- Conducted an EUO and full claims investigation on behalf of an insurance company. Obtained enough evidence and testimony to prove arson, and successfully fully denied the insured’s claim.
- Commenced a subrogation action against multiple entities for the improper installation and manufacturing of a light bulb which burned down a trampoline park. Recovered $400,000 for the insurer.
- Vigorously defended various MCAs and settled multiple matters at a discount of at least 42%off of the total amount alleged.