James M. Westerlind

Partner

James focuses primarily on life settlement disputes on behalf of investors in the secondary and tertiary markets.

James Westerlind Portrait

James has been involved in the life settlements industry since the mid-2000s, starting with legal issues with programs being created in that timeframe, and later in litigation on behalf of investors and agents in this niche area.

James’ practice also focuses on resolving insurance and reinsurance disputes, including insurance and reinsurance coverage issues on behalf of policyholders and carriers. James has also represented brokers, agents, and MGAs in disputes with insurance and reinsurance carriers.

James has substantial first- and second-chair litigation experience in state and federal trial courts across the country, and arbitrations, representing plaintiffs and defendants in insurance and noninsurance disputes. In addition to insurance litigation, he has defended a number of prominent US companies in product liability actions. He has also defended toxic tort cases.

James also represents auto dealers in franchise disputes with auto manufacturers in various federal and state actions and administrative proceedings.

James has also taken the lead in a number of appeals in the New York State Supreme Court, First and Second Judicial Departments, and the Second, Ninth, and Eleventh Circuits of the US Courts of Appeals.

James has devoted a substantial portion of his time to pro bono matters, including not-for-profit public interest endeavors and family court litigation. In fact, James is a recipient of the ArentFox Schiff Albert E. Arent Award for outstanding pro bono achievement (Fall 2013) and the Commitment to Justice Award (February 2014) from Her Justice, a nonprofit organization devoted to helping women in need. In addition, he was a member of the Insurance Law Committee of the New York City Bar Association, where he assisted in shaping New York insurance law and public policy in an effort to help the public and the profession.

Client Work

James’ recent matters have included:

  • James second-chaired a successful jury trial in Florida federal court in an alleged stranger-originated life insurance (STOLI) civil action captioned, Steven A. Sciaretta, as trustee of the Barton Cotton Irrevocable Trust v. The Lincoln Life Ins. Co., No. 9:11-cv-80427 (S.D. Fla.).
  • Representation of auto dealers on Long Island in an add-point dispute against Audi of America.
  • Representation of an auto dealer on Long Island in a facility renovation dispute against Audi of America.
  • Representation of auto dealers in Westchester in a lawsuit against Jaguar Land Rover North America, LLC.
  • Representation of Beck Chevrolet in both DMV and federal lawsuit proceedings against General Motors LLC.
  • Representation of products manufacturers and retailers in defending product liability lawsuits.
  • Representation of a school that employs teachers abroad in an action against an insurer that provided insurance coverage for the school’s employee benefits package, where the insurer misrepresented its financial ability to underwrite the insurance program, abruptly stopped paying health insurance claims made by the teachers under the insurance program and absconded with millions of dollars in premiums paid under the program.
  • Representation of a Long Island co-op in a lawsuit by one of its tenants / shareholders alleging bodily injuries and property damage from exposure to toxic mold in her unit.
  • Representation of agent and insurance company in workers’ compensation reinsurance fronting arrangement.
  • Representation of Fortress Re, a reinsurance pool managing general agent, and its principals in a $1 billion fraud action and arbitration commenced by its Japanese pool members.

Previous Work

Prior to joining ArentFox Schiff, James was an associate in the New York office of a large law firm.

Publications, Presentations & Recognitions

James’ recent presentations include:

James’ recent published works include:

  • Bar & Court Admissions
    • New York Bar
    • Connecticut Bar
    • Florida Bar
    • Texas Bar
    • US District Court, Eastern District of Michigan
    • US District Court, Eastern District of New York
    • US District Court, Southern District of New York
    • US District Court, Western District of New York
    • US Court of Appeals, 2nd Circuit
    • US Court of Appeals, 9th Circuit
    • US Court of Appeals, 11th Circuit
  • Education
    St. John’s University School of Law, JD, cum laude, 2001
    State University of New York at Stony Brook, magna cum laude, 1997

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