Insurance Litigation

After disaster strikes or business operations encounter a potentially covered event, making sure insurance carriers live up to their legal responsibilities sometimes requires a fight. It’s not unusual for insurance companies to offer lowball settlement offers.

The Insurance Litigation team at Offit Kurman brings deep experience in all venues for dispute resolution, including various forms of alternative dispute resolution, such as settlement negotiations, mediation and arbitration. When a dispute cannot be resolved through one of these methods, we leverage significant courtroom experience to protect our clients’ interests in trial and appellate courts at both the state and federal levels.

In situations where you are sued, the insurance company is usually obligated to retain an attorney on your behalf. This attorney may have an ongoing relationship with the insurance company, which can be problematic for the insured. If that is the case, we work with you to closely monitor this complex relationship to safeguard that the attorney designated to defend you by your insurance company is acting to protect your interests and not prioritizing the interests of the insurance company.

We’ve represented policyholders, including closely held, publicly traded, nonprofit and municipal entities, with claims against their insurance companies and indemnification disputes. We’ve successfully litigated numerous issues related to the duty of insurance carriers to defend policyholders.

Class Action and Mass Torts Litigation

A significant aspect of most class action and mass tort cases is the insurance component. Whether a product has caused harm to customers, or a business is caught up in liability from toxic work environments, the defending business will likely be represented through counsel assigned by their insurance carriers. In these cases, we work alongside insurance counsel to ensure our client receives the best possible defense and not just a defense that caters to the insurance company that hired them. We have defended clients in multidistrict litigation (MDL) across the country and fought to ensure the insurance companies follow through on their obligations in litigation over water and mold, asbestos, Legionella and other forms of toxic exposure, as well as employment class actions and other business claims.

What We Do

Our Insurance Litigation lawyers have helped clients in a variety of insurance disputes related to indemnification, bad faith and duty-to-defend matters across a range of underlying coverage claims, including:

  • Advertising injury and intellectual property
  • Asbestos and other mass tort
  • Business interruption losses
  • Catastrophic collapses
  • Commercial and residential real property
  • Construction and construction defect
  • Cyber risk and data theft
  • Directors and officers (D&O) and fiduciary liability
  • Employment liability
  • Environmental
  • Errors and omissions (E&O)
  • General liability coverage (GLC)
  • Hydrofracking
  • Legionella
  • Malpractice
  • Personal injury
  • Personal property
  • Water and mold

Expert Witness Services

In addition to representing clients in insurance litigation, our highly respected professionals have also been called to serve as expert witnesses on insurance-related matters in states including Pennsylvania and Maryland.

Firm Highlights

  • Podcasts
    Artful Donations: Exploring Museum Exchange
    In this episode of The Legal Canvas, host Caryn Keppler welcomes Robert Wainstein and Michael Darling, co-founders of Museum Exchange, the first digital platform dedicated to facilitating art donations to museums and nonprofit institutions across North America. Together, they explore how technology is transforming the way collectors, artists, estates, and cultural organizations connect through charitable giving. Robert and Michael explain the inspiration behind Museum Exchange, the challenges they set out to solve, and how the platform has grown into a network of more than 400 museums. They walk listeners through the donation process—from evaluating artwork and matching donors with institutions to handling logistics, documentation, and tax considerations. Along the way, they discuss the realities of museum collecting, why many donations are declined, and how thoughtful placements can help preserve artists' legacies while expanding access to important works of art. The conversation also explores Museum Exchange's work with living artists, artist estates, hospitals, universities, and smaller regional museums, as well as the launch of the Charis Foundation for the Arts, a nonprofit designed to steward significant collections before placing them with institutions that can best benefit from them. Robert and Michael conclude by sharing their vision for the future of charitable art transactions and how Museum Exchange is helping reshape philanthropy in the arts for generations to come.