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Erica Kerstein Partner

New York, NY | Direct 212.868.4837Fax 212.631.1244
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Erica Kerstein is a litigator with extensive experience in complex disputes. Erica is known for being responsive, thorough, efficient and engaging. Her experience in complex insurance matters, includes those involving environmental, professional liability, general liability, and other claims. She represents domestic and foreign insurers and reinsurers in arbitration and litigation in federal and state courts and before arbitration panels and mediators. Erica also provides coverage advice to clients in high profile matters regarding significant coverage issues.

Erica also has experience representing public companies, financial services firms and individuals in securities litigations and arbitrations, internal investigations, compliance matters, and other securities enforcement matters. Erica’s experience in this area includes matters concerning insider trading, financial reporting, research analyst conflicts of interest, stock options backdating, subprime mortgage-related issues, and other sales and reporting practices.

Representative Matters

  • Successfully represented an insurance company in a Bermuda arbitration involving D&O coverage for the settlement of a complex underlying litigation, which involved questions of New York law, including whether the underlying action involved a "Securities Claim" as defined by the policy, whether the exposure to the risk constituted restitution/disgorgement, consent to settlement issues, reasonableness of the settlement, allocation of covered and uncovered costs, the "insured v. insured" exclusion and subrogation
  • Obtained summary judgment in a California state court where the judge ruled that, under California law, the professional services exclusion barred coverage for equitable subrogation, equitable contribution and equitable indemnity claims
  • Provided regular coverage advice to various Bermuda and London insurers for first-party and third-party liability claims arising out of the Deepwater Horizon incident
  • Represented an international insurance company in bankruptcy litigation concerning a purported assignment of rights to seek insurance coverage under policies that were assigned by the insured to the liquidating trust
  • Represented an insurance company in a London arbitration with respect to a coverage dispute over a major environmental catastrophe, which involved questions of New York law, including misrepresentation, warranty, consent to settle and the "owned property" exclusion
  • Reached successful settlement for major international insurer on claim relating to coverage for Adverse Publicity arising from food contamination and Avian flu
  • Represented an insurance company in an international arbitration involving insurance coverage for a complex securities class action settlement
  • Represented a products liability insurer in several trials regarding the extent to which it was liable for defense costs incurred by its insured in over 200 lawsuits around the country
  • Performed a comprehensive review of a reinsurance company's internal controls
  • Represented the special committee of a public media company’s board of directors in a comprehensive internal investigation and resulting litigation in Delaware, Illinois, and Canada. The investigation and ensuing civil litigation resulted in ousting former senior management, the company obtaining nearly two hundred million dollars in recoveries, and criminal convictions of the company’s former senior management



Bar and Court Admissions

New York

New Jersey

United States District Court for the Southern District of New York


Fordham University School of Law, 2001

University of Michigan, 1998

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