Jay M. Levin

Career

Jay M. Levin is a member of Flaster Greenberg’s Insurance Counseling and Recovery and Litigation Practice Groups, focusing his practice on representing policyholders in disputes with insurance companies involving all types of insurance coverage.

Jay has extensive litigation experience in multi-million dollar property insurance coverage cases, including suits involving policy construction and application, cause and origin, valuation, and business interruption issues. He has assisted clients in successfully resolving eight and nine figure Hurricane Katrina and Superstorm Sandy cases without litigation, and successfully representing other policyholders in litigating Katrina and Sandy cases. Jay represents policyholders in pursuing claims for loss resulting from various forms of cyber crime, including hacking and social engineering. He represents financial institutions and other commercial policyholders in claims arising under fidelity and crime policies, including claims arising out of defaulted mortgages and employee embezzlement. He has also litigated significant employment practices liability, professional liability, construction defect, and general liability coverage cases.

In the Directors and Officers liability area, Jay actively works with clients to resolve all types of disputes, including application of exclusions and allocation issues. Jay also handles issues under the fiduciary liability coverages frequently found in D&O policies. He has also arbitrated cases before the American Arbitration Association and in private binding arbitration. Most of his litigated cases involve allegations of bad faith and he is well-versed in that area, as well.

An experienced appellate lawyer with over 40 years of experience in briefing and arguing appeals in state and federal court, Jay has a great deal of experience arguing cases involving insurance coverage, indemnity agreements, case dispositive procedural issues, and tort liability.

Jay also counsels policyholders in non-litigation contexts. He analyzes coverage after a loss has occurred or claim has been made to assist policyholders in presenting the claim to the insurance carrier. He assists policyholders in responding to inquiries and in pointing out errors in the carrier’s coverage position in order to avoid litigating insurance claims, including, inter alia, first-party, professional liability, EPL, D&O, fidelity, crime, cyber, and general liability claims. In addition, he also counsels clients and evaluates coverage in connection with policy renewals, primarily in property, D&O, and professional liability insurance. Jay also assists clients with drafting and negotiating insurance and indemnity provisions in all types of commercial and construction contracts.

A frequent lecturer and author, Jay speaks and writes on insurance coverage related topics and has spoken at dozens of industry-specific programs, including: Inter Alia, the American Bar Association, American Conference Institute, the Practicing Law Institute, Mealey’s Litigation Report, the Pennsylvania Bar Institute, and the Urban Land Institute, among other organizations. He currently serves as an editor and contributing author of the Property Insurance Litigator's Handbook and is the former chair of the American Bar Association’s Tort Trial & Insurance Practice Section's Property Insurance Law Committee.

Professional Memberships

American Bar Association, Litigation Section Insurance Coverage Committee, 2004 - Present; Tort Trial & Insurance Practice Section Property Insurance Law Committee, Former Chair

CGL Reporter, published by the International Risk Management Institute, Editorial Board Member, 2016

Insurance Editorial Advisory Board, Member, 2015 & 2016

Pennsylvania Bar Association

Philadelphia Bar Association

Education