51°”Íű

Jeffrey S. Weinstein

Partner
New York, NY
(212) 804-4226

Jeffrey S. Weinstein has over thirty-eight years of experience in insurance, reinsurance, commercial, tort, contract, corporate, and multi-district litigations and arbitrations. His practice is concentrated in domestic and international insurance coverage disputes involving first-party property, energy/power, pollution, and employers’ liability coverages, and coverage issues arising from cyber and CAT losses (e.g., 9/11; 2011 Japan earthquake; 2020 U.S. civil unrest; weather-related catastrophes), where he has served as national and international coverage counsel to insurance and reinsurance panels. Jeff also assists clients in policy drafting, claims handling, and litigation in connection with worldwide property and specialty coverages, such as “Kidnap, Ransom, Extortion (KRE),” “Confiscation, Expropriation, Nationalization,” “Malicious Product Tampering,” “Product Recall,” “Contaminated Products,” “Workplace Violence,” “Active Assailant,” “Property, Terrorism, Sabotage,” and various “War Risks.” He has litigated and handled appeals in state and federal courts throughout the United States and Puerto Rico and has participated in litigation involving several European countries.

Jeff has lectured throughout the United States and in the U.K. on first-party coverage issues involving environmental damages, product recall/contamination insurance, mold, and hurricane claims, and he has written for Best’s Review, Mealey’s Litigation Reports (Insurance), Mealey’s Emerging Insurance Disputes, New York Law Journal, The National Law Journal, and the Risk Management Newsletter. In 2006 and 2018, Mr. Weinstein was a panelist at the Matson, Driscoll & Damico Annual Business Interruption Roundtable Panel Discussion in London.

Jeff and Eugene Wollan prepared the 2010 revisions to the chapter on Property Insurance in Appleman’s New York Insurance Law. Jeff is also a founding member of and presenter at the annual New York “Powercon” Energy conference, which is a prominent educational seminar in the Property/Energy Insurance sector.

Jeff received his J.D., cum laude, from Boston University School of Law and his B.A. from the State University of New York at Binghamton. He is admitted to the New York and New Jersey State and Federal Bars, the District Court of Wisconsin, and the United States Court of Appeals for the Second Third, and Seventh Circuits. He is also a member of the New York County Lawyers’ Association.

Accolades

HONORS AND AWARDS

  • Chambers: Recognized Practitioner: Insurance, Dispute Resolution
  • AV Preeminent Rated Attorney – Highest Possible Rating in Both Legal Ability and Ethical Standards
  • Recognized in Super Lawyers, Corporate Counsel Edition, Insurance Coverage
  • Recognized in Super Lawyers, New York Metro, Insurance Coverage, 2009-2024
  • AV Preeminent Peer Reviewed Rating from Martindale-Hubbell

Newsroom

Client Alerts

  • McCarran-Ferguson and the Murky Waters of Self-Executing Treaties: First Circuit Court of Appeals Affirms Foreign Insurers’ Right to Arbitrate
  • Is A Societas Europaea Analogous To A U.S. Corporation For Purposes Of Diversity Jurisdiction? A Recent Case Concludes That It Is
  • When The Damage Is Done
  • Product Contamination: When The Spices Kick It Up a Notch, Who Will Respond?
  • Plantiffs’ Writ of Certiorari Denied – CLMS Management, et al. v. Amwins Brokerage of Georgia, et al.
  • Partners Jeffrey Weinstein and Bruce R. Kaliner Publish Ransomware Article in Law360
  • Law360 – Comparison of Policy Rescission Requirements in New York and the U.K.
  • REBUTTAL: When Insurance Policies Are Enforced As Written

Bylined Articles

  • “Fast and Furious: Forum Defendants, Snap Removal and 28 U.S.C. §1441(b),” co-authored with Samuel Weiss, New York Law Journal, April 8, 2022
  • “Property Insurance Considerations For Green Energy Storage,” co-authored with Bruce Kaliner, Law360, November 27, 2018
  • “Will Crisis Management Insurance Cover Ransomware?,” co-authored with Bruce Kaliner, Law360, January 17, 2018
  • “Starting Over: Policy Rescission In New York vs. The UK,” co-authored with Kelly Cheverko, Law360, January 23, 2017
  • “Percentage-Based Deductibles, Logically Applied,” MCWG 2016 Summer Newsletter, Issue 4, Vol. 24
  • “The Foster Poultry Farms Decision: Update,” MCWG 2016 Summer Newsletter, Issue 4, Vol. 24
  • “When Property Insurance Policies are Enforced as Written: Lessons from HP Hood,” co-authored with Jared Markowitz, MCWG 2016 Summer Newsletter, Issue 4, Vol. 24
  • “REBUTTAL: When Insurance Policies Are Enforced As Written,” co-authored with Jared Markowitz, Law360, January 26, 2016
  • “The Foster Poultry Farms Decision: Testing the Limits of Contaminated Products Insurance,” MCWG Winter 2015/2016 Newsletter, Issue 4, Vol. 23
  • “Accidental Production Contamination and Product Recall – Current Trends and Practice Points,” MCWG Winter Newsletter, Issue 1, Vol. 23, December 2014
  • “The ‘Causation’ Conundrum and What We Can Learn from U.K. Law,” Mealey’s Litigation Report: Insurance, February 9, 2011
  • “Swine Flu – Implications for First-Party and Workers’ Compensation Insurance,” Claims Quorum – CPCU Society Claims Interest Group, Vol. 28, No. 2, April 2010
  • “Innocence Lost and Found: Determining Recovery for Co-Insured,” New York Law Journal, March 1, 2010
  • “This Just In: How Product Recall Coverage Can be Affected by the Media,” Executive View’s Digital Guide on Insurance and Risk Management, January 2010
  • “Contingent Business Interruption – The ‘Silent’ Coverage,” Mealey’s Litigation Report: Catastrophic Loss, Vol. 4, No. 11, August 2009
  • “Food Products Recall Insurance: It May Be Newsworthy, But Is It Covered?,” Mealey’s Emerging Insurance Disputes, June 2008
  • “Looking Back, Looking Forward: How to Measure Business Interruption Losses,” Mealey’s Business Interruption, December 2002
  • “Mold and Sick Building Syndrome,” White Paper, 2001
  • “Business Interruption,” Best’s Review, December 2002
  • “Defamation in Cyberspace,” Mealey’s Insurance
  • “Does Defamation on Web Create Liability for ISPs?,” The National Law Journal, August 20, 2001
  • “Insurance Risks in the Computer Age,” White Paper, 2000
  • “Y2K and Insurance Coverage; A Comprehensive Review,” White Paper, 1999
  • “Y2K: A First-Party Perspective,” Mealey’s Litigation Report, March 9, 1999
  • “Great (or Reasonable) Expectations,” Best’s Review, May 1990

Press Releases

  • 2023 Super Lawyers Recognizes 14 Mound Cotton Attorneys
  • 15 Attorneys Recognized in 2022 Super Lawyers, Rising Stars

Outreach

Speaking Engagements

  • Co-founder/co-sponsor/presenter (since 2012), New York Power Conference (PowerCon), New York, NY, April 3, 2024
  • Panelist, “From Crisis to Coverage: Understanding the Triggers of Product Recall and Contamination Policies,” ABA’s 2024 Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 6-9, 2024
  • Presenter, “Adjustment/Analysis of 2020 Civil Unrest Claims,” Loss Executives Association 2021 Golf and Education Event, Galloway, NJ, September 9–10, 2021
  • Presenter, “Matson Driscoll & Damico Annual Business Interruption Roundtable Panel Discussion,” London, England, June 2018
  • Presenter, “First-Party Claims: The Rise (and Fall) of Tailing Dams,” Loss Executive Associates 86th Spring Educational Conference, June 2017
  • Co-Chair/Presenter, “Product Recall & Contamination Insurance Symposium: ‘Past, Present & Predictions’,” Chicago, IL, October 27, 2016
  • Co-Chair/Presenter, “Product Recall & Contamination Insurance Symposium: ‘Past, Present & Predictions’,” London, England, April 28, 2016
  • Co-Chair/Presenter, “Product Recall & Contamination Insurance Symposium: ‘Past, Present & Predictions’,” New York, NY, October 1, 2015
  • Facilitator, LEA Educational Conference: “OSHA’s Effect on Business Interruption Claims,” January 2015
  • Presenter, “War Risks/Terrorism: Coverages and Exclusions,” West LegalEdcenter Webinar, August 5, 2013
  • Presenter, “Sendai Earthquake/Tsunami: Discussion of First-Party Coverage Issues,” ARC Legacy’s Insurance and Reinsurance Breakfast Forum,” London, England, June 22, 2011
  • Presenter, “Food Contamination Claims: Coverage Issues,” PLRB 2011 Claims Conference, April 2011
  • Presenter, “Food Product Recall Insurance: It May be Newsworthy, But Is It Covered?,” Top 10 Insurance Issues Conference, BVR Legal/Mealey’s
  • Conferences, December 2008
  • Presenter, “Matson Driscoll & Damico Annual Business Interruption Roundtable Panel Discussion,” London, England, June 2006
  • Presenter, “Mealey’s Mold Insurance Litigation Conference,” September 2002
  • Presenter, “First-Party Coverage of Environmental Damages and Mold Claims,” 2001–2002

Credentials

Education

J.D., cum laude, Boston University School of Law, 1986
B.A., State University of New York at Binghamton, 1983

Admissions

New York, 1986
New Jersey, 1986
U.S. District Court for the Northern District of Texas, 2022
U.S. Court of Appeals for the Ninth Circuit, 2020
U.S. District Court for the Western District of New York, 2016
U.S. Court of Appeals for the Seventh Circuit, 2012
U.S. District Court for the Northern District of New York, 2011
U.S. District Court for the Eastern District of Wisconsin, 2002
U.S. Court of Appeals for the Third Circuit, 2001
U.S. Court of Appeals for the Second Circuit, 1990
U.S. District Court for the Eastern and Southern Districts of New York, 1988

Membership

New York County Lawyers’ Association

Federation of Defense and Corporate Counsel