Joshua S Wirtshafter

Joshua S Wirtshafter

Partner Basking Ridge, United States

T: +1 908 605 2981

F: +1 908 647 8390

E: Joshua.Wirtshafter@kennedyslaw.com

Profile

Admissions

  • New Jersey
  • New York
  • US Court of Appeals, Third Circuit
  • US District Court, New Jersey

Education

  • Franklin & Marshall College, BA (with honors), 2011
  • Seton Hall University School of Law, JD, 2014

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.

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

  • “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)
  • "Hot Topics in Insurance Coverage,” In-House Client Training (November 2018)
  • “What Every Claims Handler Needs to Know About the US Legal System,” In-House Client Training (May 2018)
  • Co-author, “NJ Courts Struggle To Reach A Uniform Interpretation of The Phrase ‘Caused, In Whole or In Part, By’ in Additional Insured Endorsements,” published for Kennedys (March 2018)

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