Seth Weinstein is a partner in the New York office of Lewis Brisbois and vice-chair of the First Party Property Practice. Mr. Weinstein’s practice is principally concentrated in the areas of insurance coverage and property damage litigation, including the defense of subrogation actions. These claims/cases often involve catastrophic building fires, explosions, building collapse, equipment and machinery malfunction, utility damage, power plant losses, maritime losses, construction accidents, construction defects, adjoining property damage, hail, water damage, freeze-ups, ice dams, floods, hurricanes, water main breaks, mold, theft of property, business interruption and income loss, delay claims, employee dishonesty, property contamination, and other pollution-related matters.
Mr. Weinstein has successfully handled trials and arbitrations in both insurance coverage and property damage matters, including arbitrating before the AAA and the International Chamber of Commerce (ICC).
Mr. Weinstein has passionately assisted insurance carriers, managing general agents, third-party claims administrators, and program administrators, with claims investigation, coverage interpretation, policy drafting, and litigation of losses throughout the United States and abroad for over 25 years. He regularly conducts and participates in fraud investigations, including examinations under oath. He has significant experience in first-party property, general liability and directors and officers liability coverage disputes. He has served as national coverage counsel for clients and monitors claims and litigation across the country. Mr. Weinstein also has vast experience with regard to insurance claims, disputes and lawsuits concerning condominiums, homeowner’s associations, and co-op’s. He has served on condominium and co-op boards for over a decade. Mr. Weinstein also regularly defends developers, contractors, property owners, and other parties in property damage litigation. Mr. Weinstein is also a certified mediator.
Mr. Weinstein has been involved with many high profile property losses and multi-party litigations, including losses involving damages in excess of $100 Million Dollars. Representative claims/cases include:
Numerous claims, mediations and lawsuits arising from Superstorm Sandy:
- Mr. Weinstein defended numerous insurers in mediations in connection with the mandatory mediation programs established in New York and New Jersey following the storm. He conducted examinations under oath of insureds claiming damage from the storm and spear headed fraud investigations on behalf of clients. Further, he defended insurers in declaratory judgment actions. Mr. Weinstein has lectured on the relevant coverage issues faced by insurers in connection with the storm and assisted clients with establishing best practices protocols to promptly and efficiently resolve claims.
Numerous claims and lawsuits arising from the events of September 11, 2001 and clean-up efforts:
- Mr. Weinstein represented numerous insurers in declaratory judgment actions filed in connection with the tragic events of September 11th. He also conducted examinations under oath and assisted clients with establishing settlement programs to promptly and effectively resolve claims. He worked with numerous experts to investigate claims, which lead to many claims being withdrawn or settled for a fraction of what was initially claimed. Mr. Weinstein also defended parties in litigation concerning the clean-up efforts at the WTC site.
Con Edison Steam Pipe Explosion at 41st Street and Lexington Avenue litigation:
- Mr. Weinstein has been one of the lead counsel defending over 100 lawsuits filed in connection with a large steam pipe explosion.
Central Synagogue fire litigation:
- Mr. Weinstein defended one of the target defendants in this $50 Million property damage action concerning a catastrophic fire to one of the oldest synagogues in the United States. This case went to verdict in 2001.
Served as lead counsel for numerous cases concerning large water main breaks in New York City:
- Mr. Weinstein served on numerous plaintiffs’ committees in prosecuting large property damage actions, subrogation and otherwise, arising from water main breaks in New York City. He served as the Chairman of a Plaintiff’s Committee that recovered over $15 Million as a result of a water main break in 1998. Mr. Weinstein’s efforts lead to the settlement of all of the cases.
Primary Area(s) of Practice
- Insurance Coverage
- First Party Property
- Directors & Officers Coverage
- General Liability
- Directors & Officers and Securities Litigation
- Claims & Litigation Management Alliance (CLM)-Property Committee
- Community Association Institute
- Emerging Claims and Adjusting Issues in Property Insurance Markets, December 12, 2018
- Claims Handling in the Lone Star State, December 10, 2018
- Good Faith Claims Handling, November 16, 2018
- Preparing Insurance Adjusters for Depositions and Trial, September 12, 2018
- Texas Claims Handling Practices, August 15, 2018
- Florida Claims Handling Practices, April 18, 2018
- Coverage Workshop – Drafting Reservation of Rights letter, November 21, 2017
- The Evaluation and Assessment of Property Damage Claims Arising from Construction Projects, August 9, 2017
- Investigation of Insurance Fraud, March 6, 2017
- Material Misrepresentation and Policy Rescission, February 16, 2017
- Basic Overview of Directors and Officers Liability Coverage and Defense Issues (Condominiums, Co-op’s and HOA’s), February 9, 2017
- Measurement and Coverage Issues in Builder’s Risk Losses, January 11, 2017
- First Party Property Claims Regulations and Claims Handling Trends in New York, June 28, 2016
- Conducting Effective Examinations Under Oath, November 17, 2015
- Hail Claim Investigations and Coverage Issues, October 8, 2015
- Ice Dam and Snow Claim Strategies, August 11, 2015
- Appraisals – Scope v. Coverage, March 16, 2015
- Insurance Coverage Workshop for General Contractors, November 7, 2014
- Liability and Coverage Concerns From Short Terms Rentals, August 26, 2014
- Storm Sandy Mediation Programs and Northeast Property Insurance Intricacies, July 30, 2014
- Reservation of Rights Letters – General Rules and Protocols under New York and New Jersey Law, April 8, 2014
- Material Misrepresentation – Legal Standard for Rescinding a Policy Due to Material Misrepresentation In An Insurance Application, April 8, 2014
- What You Say May Come Back to Haunt You - Protecting the Claim File, October 25, 2013
- Effective Deposition Testimony, Training for Claims Supervisors, April 18, 2013
- Superstorm Sandy and its Aftermath - the Latest Developments and What Property Insurers Need to Know, March 14, 2013
- Techniques in Defending Property Damage Actions - Adjoining Construction Cases and Related Coverage Issues, July 27, 2012
- Insurance Claims: Investigation and Adjuster Negotiations, March 15, 2012
- Director and Liability Coverage Law Update, January 26, 2012
- Good Faith Claims Handling, November 17, 2011
- Property Insurance Law Update, October 7, 2008
- Construction Defect and Insurance Coverage Trends, June 16, 2006
- E-Discovery and its Impact on Insurance Industry, November 17, 2005
- Current Issues Impacting Defense Practice (Mold and Insurance Coverage), August 5, 2005
- Challenges in New York Litigation – Subrogation, August 10, 2004
- Mold Insurance Coverage and Litigation Update, June 18, 2004
- Oil Spill and Property Damage Litigation, April 29, 2004
New York Law School
Juris Doctor, 1995
Florida Atlantic University
Bachelor of Business Administration, 1991
- "Gas or Consequences?" – New York’s aging infrastructure provides property claims and litigation lessons, CLM Magazine, June 2017
- “To Mediate or Not Mediate, This Is Not The Question” – Lessons learned from the Superstorm Sandy mandatory mediation program. CLM Magazine, October 2017 issue focusing on Hurricanes Harvey and Irma.