Arent Fox
ATTORNEY BIO
James M. Westerlind

James M. Westerlind
November 11, 2011
  • Associate
  • New York, NY
212.457.5462
james.westerlind@arentfox.com

James’ practice focuses primarily on resolving insurance and reinsurance disputes. He also concentrates on legal issues relating to insurance and reinsurance coverage for policyholders and carriers and regulatory work for domestic, foreign and alien companies, including captives, brokers, agents, and Managing General Agents.

James has substantial litigation experience in both state and federal trial courts within and outside of New York, 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 involving allegations of serious bodily injuries, property damage, and death claims. He has also defended toxic tort cases.

James has represented both plaintiffs and defendants in a number of heated lawsuits involving allegations of fraud, civil conspiracy, and other wrongdoing. He has first-chaired applications for emergency relief, evidentiary hearings for emergent relief, and contempt hearings. He recently second-chaired a major jury trial in the Southern District of Florida, obtaining a jury verdict finding that a life insurance policy was valid and enforceable, despite the jury finding that the trust that owned the policy made material misrepresentations in the policy’s application and engaged in a civil conspiracy to defraud the insurance company and engage in a stranger-originated life insurance (“STOLI”) scheme. He has also defended a number of well-known tire manufacturers in product liability actions commenced in New York state and federal courts by alleged injured product users.

James has also taken the lead in a number of appeals in the New York State Supreme Court, Second Judicial Department, and the Second and Eleventh Circuits.

James' current focus is litigating matters in the emerging regulatory landscape of life settlements in the insurance industry, typically representing trusts, investors, and secured lenders in disputes with life insurance companies over the validity of the subject life insurance policies.

In addition, he has devoted a substantial portion of his time to pro bono matters, including not-for-profit public interest endeavors and family court litigation.

Client Work

James’ recent matters have included:

  • Representation of a life insurance trust in a lawsuit against an insurer to recover a multimillion dollar death benefit and success in obtaining a jury verdict in Florida federal court, finding that the policy had requisite insurable interest and that the insurer did not reasonably rely upon, and was not injured by, material misrepresentations in the policy’s application and conspiracy by the trust to engage in a STOLI scheme.
  • 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 numerous investors and secured lenders in life settlements litigation in state and federal courts across the United States.
  • 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.

Representative cases litigated by James include the following:

  • Int’l Schools Services v. AAUG Ins. Co., Ltd., Nos. 10–15846–GG, 11–10595–GG, 2012 WL 5199262 (11th Cir. Jan. 6, 2012)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2012 WL 5635590 (S.D. Fla. Nov. 15, 2012)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2012 WL 4936054 (S.D. Fla. Oct. 17, 2012
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2012 WL 5192265 (S.D. Fla. Jul. 25, 2012)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2012 WL 5192599 (S.D. Fla. Jun. 6, 2012)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2011 WL 9362401 (S.D. Fla. Dec. 13, 2011)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2011 WL 9352076 (S.D. Fla. Oct. 4, 2011)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2011 WL 9360209 (S.D. Fla. Jul. 14, 2011)
  • Sciarretta v. The Lincoln National Life Insurance Company, No. 9:11-cv-80427 (S.D. Fla. 2011) (favorable jury verdict)
  • Sciarretta v. The Lincoln National Life Insurance Company, No. 9:11-cv-80427, 2012 WL 5195944 (S.D. Fla. Feb. 15, 2011)
  • Pacific Employers Ins. Co. v. AXA Belgium, S.A., 785 F. Supp. 2d 457 (E.D. Pa. 2011)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2011 WL 915692 (S.D. Fla. Mar. 16, 2011)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2011 WL 9357633 (S.D. Fla. Feb. 18, 2011)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2010 WL 9004379 (S.D. Fla. Dec. 30, 2011)
  • Int’l Schools Services v. AAUG Ins. Co., Ltd., No. 10-62115-CIV., 2010 WL 4810847 (S.D. Fla. Nov. 19, 2010)

Previous Work

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

Publications, Presentations and Recognitions

James’ recent published works include:

  • Elliott M. Kroll, James M. Westerlind, Survey of Damage Laws of the 50 States including the District of Columbia and Puerto Rico (2012)
    Read on Issuu | Download a PDF
  • “Insurance Coverage For Lanham Act Claims Under Section B Of Standard CGL Policies, ” Mealey’s Emerging Insurance Disputes; Aug. 2011
  • “The Preclusive Effect Of Arbitration Awards,” Mealey's Litigation Report Reinsurance; Aug. 2010
  • “Blowing the Cobwebs Off Trademark Infringement Insurance,” INTA Bulletin; Sept. 2008, co-authored with Barry Werbin

Bar and Court Admissions

  • New York 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 Court of Appeals, 2nd Circuit

Education

St. John's University School of Law
, JD
  ( cum laude )
State University of New York at Stony Brook
  ( magna cum laude )

Practices

  • Appellate
  • Commercial Litigation
  • Construction
  • Consumer Product Safety
  • Insurance & Reinsurance

Areas of Focus

  • Alternative Risk Transfer
  • Commercial
  • Insurance
  • Insurance Coverage Issues
  • Life & Health
  • Litigation, Coverage & Insurance Commercial Disputes
  • Product Liability Actions
  • Regulatory & Transactional Work
  • Reinsurance
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