Joshua S Wirtshafter
Profile
Education
- Seton Hall University School of Law, JD, 2014
- Franklin & Marshall College, BA (with honors), 2011
Josh is a partner in the New Jersey office with a practice primarily focused on complex insurance coverage matters. His practice involves representing insurance carriers in litigated disputes in the areas of commercial general liability, professional liability, and construction claims under standard domestic, Bermuda Form, and manuscript policies, including those issued out of the London Market. In recent years, he has developed a unique experience in litigating a myriad of sports-related head trauma/concussion insurance claims, as well as insurance claims arising out of the nationwide opioid epidemic. Josh also has experience in all aspects of bad faith litigation, including claims between primary and excess insurers. Josh’s practice further includes providing pre-suit coverage analyses and counseling on large claim losses, risk analysis, and policy drafting.
While pursuing his law degree from Seton Hall University School of Law, Josh served as the Senior Notes Editor of the Seton Hall Legislative Journal, Volume 38. As a Research Fellow with the Center for Policy and Research, Josh covered issues relating to human rights violations occurring at Guantanamo Bay.
Josh received his undergraduate degree from Franklin & Marshall College in both Religious Studies and Government, where he graduated with honors.
Qualifications and admissions
- New Jersey
- New York
- US District Court, New Jersey
- US Court of Appeals, Third Circuit
Market recognition
- New Jersey Super Lawyers Rising Star (2023, 2024)
Work highlights
- Managed a complex insurance coverage dispute on behalf of various insurers against the National Football League in connection with the widely-publicized head-trauma/concussion lawsuits filed by thousands of former players against the NFL.
- Successfully defended an excess insurer against various additional insureds and their insurers in the context of a wrongful death claim filed in New Jersey.
Presentations and publications
- “Best claim handling practices & time limit demands,” In-House Client Training (October 2023)
- “Umbrella liability policy training,” In-House Client Training (October 2023)
- “An Introduction to the Bermuda (Occurrence Reported) Form,” In-House Client Training (May 2023)
- “Primer on Coverage B: Emerging Topics & Trends,” In-House Client Training (February 2023)
- “Insight Day Talk,” In-House Client Training (February 2023)
- Co-author, “Opioid-related insurance coverage litigation: A primer on key issues developed in US courts,” published for The Brief: The American Bar Association (August 2022) View article now
- Co-author, “The Grieving Families Act's impact on wrongful death actions in New York,” published for Kennedys (June 2022)
- Author, “Courts examine subject matter jurisdiction over Lloyd’s of London,” published for Kennedys (January 2022)
- Co-author, “Newly Signed Bill Opens the Door for Bad Faith Suits Against Auto Insurers Providing UM and UIM Benefits,” published for Kennedys (January 2022)
- Presenter, “Concussions in Sports: Litigation Developments & Coverage Issues,” (March 2021)
- Co-author, “New York Appellate court holds liability insurer cannot recoup defense costs absent policy provision,” published for Kennedys (January 2021)
- Presenter, “New Developments in Talc,” AIRROC (March 2020)
- Co-Author, “Recent Trends in Medical Device and Opioid Litigation,” ARIAS, Q2 2019
- Contributor, US Construction Defect Insurance Coverage Law Compendium (September 2019)
- “US Bad Faith Trials,” In-House Client Training, London (June 2019)