LITIGATOR, ARBITRATOR & EXPERT WITNESS
Jerold Oshinsky has more than forty years of experience litigating insurance recovery cases in federal and state courts throughout the country on behalf of a variety of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. Chambers USA describes him as "the foremost practitioner at the policyholder Bar," designating him as the only lawyer to be accorded "Star" ranking in its national insurance category for three consecutive years. Additionally, in 2013 Mr. Oshinsky was the sole honoree of the prestigious Chambers "Lifetime Achievement Award."
Mr. Oshinsky litigated the most significant, complex insurance coverage issues in the country, applying theories that he had developed that have guided insurance recovery law since its inception. He also advised clients about how to maximize their insurance assets. In addition, he was frequently selected as a party-appointed arbitrator in complex insurance coverage disputes. In the latter years, he focused on issues relating to cyber liability, intellectual property, antitrust, and sexual abuse claims, as well as natural disaster cases related to earthquakes and events such as Hurricane Katrina and Superstorm Sandy.
In 2013, Chambers USA included Mr. Oshinsky in its top tier “Band 1” ranking in California in the Insurance: Policyholder category. Legal 500 recognized Mr. Oshinsky in 2011 as one of 13 “Leading Lawyers” nationally in its “Insurance: Advice to Policyholders” category. He was one of Law360’s “10 Most Admired Attorneys” in 2010 and was regularly cited in Best Lawyers, Super Lawyers, and the Lawdragon 500 Leading Lawyers in America. Additionally, Mr. Oshinsky was recognized as a leader in his field by the International Who’s Who of Insurance and Reinsurance Lawyers every year since 2010. In 2012, Legal Media Group: Expert Guides selected him as a Leading Expert in Insurance and Reinsurance.
Additionally, Mr. Oshinsky represented clients in pro bono matters and acted as lead counsel in numerous pro bono immigration appeals. He also lectured and published on various insurance law topics and served as an expert witness in insurance coverage litigation matters. His speaking engagements and publications are mentioned herein.
Authorship and Publications
“Does Your Insurance Policy Protect Against Liability Under the New HIPAA Regulations?” URMIA Journal, 2013
“Is Your Organization Adequately Protected Against Liability Under the New HIPAA “Omnibus” Regulations—Risk Mitigation Considerations,” Lexology Newsletter, May 6, 2013
“Practitioner’s Guide to Litigating Insurance Bad Faith Claims,” Journal of Taxation and Regulation of Financial Institutions, January/February 2013
“Mediation and Insurance Litigation: Factors Affecting Early Settlement,” ABA Commercial & Business Litigation Newsletter, Summer 2011
“Hold your horseplay: Recent ruling not a victory for insurers,” Los Angeles Daily Journal, July 29, 2011
“A Primer on Coverage For Infringement Suits,” Law360, February 22, 2011
“Duty to Defend ‘Suits’ Extends to ‘Quasi-Judicial’ Administrative Proceeding,” Los Angeles Daily Journal, January 11, 2011
“Fighting Phishing, Pharming, and Other Cyber-Attacks: Coverage for High Tech Liabilities,” University Risk Management Insurance Association Journal, 2010
“California, Home of Wage and Hour Lawsuits,” Los Angeles Daily Journal, May 10, 2010
“Volcanic Ash: Preserving Your First Party Insurance Rights” Law360, April 22, 2010
“Insurance Coverage For Cyber Crimes,” Los Angeles Daily Journal, April 14, 2010
“Is “Fair” Fair?: “All Sums” and the Allocation of Deductibles,” Coverage Journal, Vol 20, Number 2, March – April 2010
Speaking Engagements
Speaker, “Bad Faith in the Investigation of Insurance Claims,” Strafford Publications Webinar, June 20, 2013
Speaker, “Data Breach Insurance: Key Clauses and Language You Need to Know,” National Constitution Center Webinar, May 16, 2012
Moderator, “After the Storm – Catastrophic Loss and Business Interruption,” Perrin Conferences – Emerging Insurance Coverage & Allocation Issues Conference, New York, NY, February 23, 2012
Speaker, “Bad Faith in the Investigations of Insurance Claims: Strategies for Pursuing and Defending Allegations of Insurer Misconduct,” Strafford Publications Webinar, May 4, 2011
Speaker, “Allocating Deductibles and Self-Insured Retention: Scope of Coverage Strategies for Policyholders and Insurers,” Strafford Publications Webinar, February 2, 2011
Speaker, “Trigger & Non-Product Issues – Past, Present, and Future,” Perrin Conferences – Emerging Insurance Coverage & Allocation Issues, New York, NY, January 24, 2011
Speaker, “Why Don’t Cases Settle Early?” Insurance Coverage Litigation Committee of the Tort Trial & Insurance Practice Section of the American Bar Association, Los Angeles, CA, January 20, 2011
Speaker, Contested Insurance Coverage: Defense Under Reservation of Rights, September 24, 2008
Speaker, Bad Faith Insurance Claims, October 16, 2008
Speaker, Contested Insurance Coverage: Defense Under Reservation of Rights, April 02, 2009
Speaker, Bad Faith in Insurance Claims, July 15, 2009
Speaker, Attorney-Client Privilege in Insurance Disputes, August 13, 2009
Speaker, Allocation of Deductibles and Self-Insured Retention in Insurance Claims, June 09, 2010
Speaker, Bad Faith in the Investigation of Insurance Claims, July 29, 2010
Speaker, Allocating Deductibles and Self-Insured Retention, February 02, 2011
Speaker, Bad Faith in the Investigation of Insurance Claims, May 04, 2011
Speaker, Number of Occurrences in Liability Claims, November 01, 2011
Speaker, Bad Faith in the Investigation of Insurance Claims, June 26, 2012
Speaker, Number of Occurrences in Liability Claims, November 07, 2012
Speaker, Bad Faith in the Investigation of Insurance Claims, June 20, 2013
Speaker, Number of Occurrences in Insurance Claims from Policyholder and Insurer Perspectives, October 08, 2013
Speaker, Number of Occurrences in Liability Claims, October 08, 2013
Speaker, Insurance Bad Faith: Pitfalls for Insurers in the Investigation of Coverage Speaker, ClaimsJanuary 14, 2015
Speaker, Number of Occurrences in Insurance Liability Claims, April 15, 2015
Speaker, Number of Occurrences in Insurance Liability Claims: Maximizing Coverage or Limiting Liability Exposure, May 18, 2017
Speaker, Insurance Bad Faith Claims Arising From the Investigation of Coverage Claims, October 18, 2017
Speaker, ALI's 2018 Restatement on Liability Insurance: What Insurance Industry Professionals Need to Know, March 06, 2019
Speaker, ALI's 2018 Restatement on Liability Insurance: What Insurance Industry Professionals Need to Know, February 12, 2020
Speaker, Bad Faith in the Investigation of Insurance Claims: Pursuing and Defending Allegations of Insurer Misconduct, June 24, 2020
Speaker, Resolving Insurers' and Insureds' Settlement Dilemmas When Policy Limits Are Insufficient: Multiple Insured and Multiple Claims, November 09, 2021
Speaker, Insurer Bad Faith and Inadequate Investigation: Examination Standards, Coverage, and ROR, Safeguarding Privilege, July 26, 2022
Awards and Acknowledgements
Recognized by Best Lawyers in 2016 and 2022 as “Lawyer of the Year” in the practice area of Insurance Law in Los Angeles
Highlighted in the 23rd and 28th editions of The Best Lawyers in America for work in the practice areas of Insurance Law and Litigation- Insurance
Named by The National Law Journal as one of 50 “Litigation Trailblazers & Pioneers”
Recipient of the coveted Chambers “Lifetime Achievement Award” in 2013
Ranked by Chambers USA as a “Star Individual” nationwide for Insurance: Dispute Resolution: Policy Holder, and the only lawyer to be accorded this ranking for three years consecutively
Ranked for many years by Chambers USA as Band 1 for Insurance: Policy Holder and Insurance: Dispute Resolution
Inducted into the Lawdragon Hall of Fame as part of Lawdragon 500’s 10th-anniversary celebration as one of only 100 lawyer inductees.
Recognized by the International Who’s Who of Insurance
Recognized by Reinsurance Lawyers
Recognized by Legal Media Group: Expert Guides as a “Leading Expert in Insurance and Reinsurance”
Recognized by The Legal 500 in 2011 as one of 13 “Leading Lawyers” nationally in the "Insurance: Advice to Policyholder” category
Recognized by The Legal 500 as a Tier 1 lawyer
Named one of Law360’s “10 Most Admired Attorneys” in 2010
Recognized as a “Litigation Star” and “Local Litigation Star” by Benchmark Litigation
Named a “Best Lawyer” by The Best Lawyers in America
Named by Super Lawyers as a Southern California “Super Lawyer”
Education
Columbia Law School (J.D., cum laude, Harlan Fiske Stone Scholar, 1967) Editor, Columbia Journal of Law and Social Problems
Brooklyn College (B.A., cum laude, 1964) Jerold Oshinsky’s Bar Admissions:
1968, New York
1980, District of Columbia
2007, California Jerold Oshinsky’s Court Admissions:
1969, U.S. District Court, Eastern District of New York
1971, U.S. Supreme Court
2011, U.S. District Court, Central District of California
U.S. District Court, Southern District of New York
Memberships
Editorial Board Member, FC&S Legal: The Insurance Coverage Law Information Center
Expertise
Insurance / Reinsurance
Bar Admissions
New York
District of Columbia
California