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

  • Blog Posts
    Law, Love, and Life's Battles: Facing Breast Cancer
      What happens to a marriage and a family when a breast cancer diagnosis changes everything? In this episode of Love Ends, Law Begins, hosts Fara Rodriguez and Stephanie Lehman have a deeply personal conversation about breast cancer, marriage, family, and the challenges that can come with a serious illness. This episode is especially meaningful for Fara, who shares her own recent breast cancer diagnosis and journey. She opens up about discovering a lump, receiving her diagnosis, undergoing a double mastectomy and subsequent treatments, and navigating the emotional impact of cancer while continuing to work and care for her family. Fara and Stephanie discuss how a cancer diagnosis can affect a marriage in unexpected ways—from changing family roles and creating new caregiving responsibilities to putting pressure on finances, health insurance, and household responsibilities. They explore how illness can either bring couples closer together or create additional challenges, particularly when one spouse becomes the primary caregiver or when the family is dealing with fear and uncertainty. The conversation also addresses the unique challenges of parenting during an illness, including how to talk to children about a cancer diagnosis and how divorced parents may need to adjust parenting schedules and responsibilities when one parent becomes sick. From navigating medical expenses and insurance coverage to balancing work, parenting, caregiving, and intimacy, Fara and Stephanie offer a candid look at the ways illness can reshape relationships and family dynamics. In recognition of Breast Cancer Awareness Month, this episode provides an honest and personal conversation about facing cancer while navigating marriage, family, and the many practical challenges that come with a serious diagnosis. In this episode, you'll hear about: • Fara's personal breast cancer diagnosis and journey • How a cancer diagnosis can affect a marriage • The challenges of becoming a caregiver to your spouse • How illness can bring couples closer together—or create new challenges • Talking to children about a parent's cancer diagnosis • How divorced parents can navigate parenting responsibilities when one parent becomes ill • The financial impact of illness and the loss of household income • Health insurance and medical coverage considerations • How medical expenses can create additional financial strain • The importance of support from family, friends, and caregivers • Balancing work, parenting, treatment, and recovery • How illness can affect intimacy and marital dynamics • The importance of supporting children through a parent's illness • Why communication and cooperation matter during a health crisis • Breast Cancer Awareness Month and the importance of mammograms
  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.