Max W Gershweir

Max W Gershweir

Partner New York, United States

Admission

  • New York
  • US Court of Appeals, Second Circuit
  • US District Court, Eastern, Northern, Southern and Western Districts of New York
  • US Supreme Court

Education

  • University of California, Los Angeles School of Law, JD, 1993
  • Middlebury College, BA (cum laude), 1990

Max is a Partner in the New York office and specializes in insurance coverage litigation in the trial and appellate courts. He was admitted to the New York State bar in 1994, and is also admitted to practice in all the New York federal courts and the Supreme Court of the United States.

Earlier in his career, Max was the managing attorney of the in-house coverage law firm of and coverage counsel to Tower Group Companies, a nationwide group of property and casualty insurers, and more recently served in that same capacity for AmTrust North America. He has more than 20 years of experience handling and supervising coverage litigation both in New York and nationwide, involving a wide variety of issues including commercial general liability, personal and advertising injury, workers’ compensation and employers’ liability, commercial property, homeowners, umbrella and directors’ and officers’ insurance. He also has extensive appellate experience, having briefed and argued over 40 coverage-related appeals.

In recognition of his prominence in the insurance coverage litigation field, Max was admitted in 2013 as a Fellow of the American College of Coverage and Extra Contractual Counsel.

Admitted as a Fellow of the American College of Coverage and Extra Contractual Counsel (2013)

Presentations and publications

  • Co-author, "Appellate Division Confirms Foreign Risk Retention Groups Not Subject To Prompt Disclaimer Requirement," published for Kennedys (January 2019)
  • Co-author, "The Future of Liability Insurance in The Age of the Driverless Car: The US Perspective," published for Kennedys (January 2019)
  • Co-author, "Loss of Opportunity to Defend or Investigate - New York's Late Notice Standard," published for Kennedys (March 2018)

Work highlights

  • Successfully represented insurer in case decided in the New York Court of Appeals holding that property insurers have no duty to perform UCC searches for potential claimants to loss proceeds before paying insureds.
  • Successfully represented insurer in case decided in the New York Court of Appeals holding that policy limit in New Jersey employers liability policy was enforceable as respects a New York accident despite New York law disallowing policy limits in such policies.
  • Successfully represented commercial general liability insurer in case decided in New York Appellate Division holding that insurer had no duty to defend or indemnify insured excavation contractor for dampness-related claims arising from alleged faulty workmanship based on policy’s work-product exclusion.
  • Successfully represented insurer in case decided in New York Appellate Division holding that injured parties to whom insured had assigned its rights could not recover bad-faith damages against insurer where insured was found in prior action to have violated policy’s notice conditions.