Justin K. Fortescue Partner

Justin Fortescue focuses his practice on reinsurance and commercial litigation matters. Justin prides himself on his ability to think outside the box and provide clients with simple solutions to complex problems and issues. He also strives to identify the strengths and weaknesses of a case in the early stages of a dispute and to provide his clients with advice accordingly, thereby maximizing the value of a strong case, while minimizing the potential risks of a less favorable one. Using this approach and perspective to problem solving, Justin has been able to obtain favorable results. 

Justin regularly counsels insurers and reinsurers on matters such as the applicability of the follow-the-settlements doctrine to a ceding company’s allocation decisions, the application of a deficit carry forward provision in a multi-year contractual relationship, and the right to receive Medicare D subsidies following a loss portfolio transfer. Justin has also performed significant work involving the Federal Arbitration Act - The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in conjunction with confirming/vacating reinsurance arbitration awards.

Prior to joining White and Williams, Justin represented insurers in various types of coverage litigation including claims arising from theft, fire, automobile accidents and weather. Justin was also extensively involved in the investigation of suspicious insurance claims including conducting Examinations Under Oath of policyholders and working with private investigators to investigate the facts behind claims. Justin’s involvement in these matters resulted in numerous policyholders dropping their claims.

While in law school, Justin served as a judicial intern for the Honorable Judge Jane R. Roth of the U.S. Court of Appeals for the Third Circuit. He also served as Vice-President of the Animal Legal Defense Fund.

Representative Matters

• Represented a ceding company seeking to vacate an unfavorable arbitration award involving a highly complex finite reinsurance relationship
• Negotiated global commutations with reinsurance companies from various countries including Korea, France and Bahrain
• Recovered millions of dollars in reinsurance recoverables on behalf of ceding companies, the majority of which had been written off 

Recognition & Involvement

Justin provides volunteer legal services through the Senior Law Center to assist seniors in the preparation of life-planning documents, including living wills and powers of attorney.