Garth A. Gersten

Garth A. Gersten is an attorney with Otteson Shapiro. He is currently the 2021 Vice-Chair of the Insurance Committee of the Colorado Bar Association and a Fellow of the American College of Coverage Counsel.

In his insurance coverage practice Mr. Gersten represents and advises policyholders in their disputes with insurers. He has litigated coverage and bad faith claims in the areas of construction defects, pollution, intellectual property claims, business interruption claims, underinsured and uninsured motorist coverage, fire and storm losses, and workers compensation insurance disputes.

Mr. Gersten is focused on proactively assisting clients by reviewing existing insurance programs for policyholders and advising on gaps and overlaps. He also reviews and revises contractual insurance and indemnity provisions to make sure his clients’ interests are protected.

Mr. Gersten previously practiced in North Carolina, where he represented insurers and policyholders and was a frequent presenter at insurance coverage seminars. He was Chair of the Government Affairs Committee for the North Carolina Captive Insurance Association. Prior to that, Mr. Gersten practiced in California, where he represented major insurers, providing advice, and handling bad faith and declaratory judgment litigation, including several large pollution and construction defect cases.

Mr. Gersten has been active in Pro Bono matters, including representing guardians ad litem in appellate proceedings and in litigation with the State of North Carolina over access to dental care for children on Medicaid.

Mr. Gersten is a member of the State Bars of Colorado, Illinois, North Carolina and is an inactive member in California. He is admitted to practice in Colorado, North Carolina, Illinois, California, the United States Court of Appeals for the Fourth and Ninth Circuits and the United States District Courts in California, Illinois, Colorado and North Carolina. He is a member of the CBA, DRI, ABA, ISBA and NCBA.

Mr. Gersten was selected for inclusion in The Best Lawyers in America© for his work in insurance law 2007-2021.

He is a 1986 graduate of the University of California, Hastings College of the Law.

Publications:

Does My Insurance Cover Loss of Income from COVID-19, Colorado Biz, May 8, 2020

10 Tips for Reviewing Your Directors and Officers Liability Insurance Policy, Colorado Biz, August, 2018

Will the Restatement of the Law of Liability Insurance Affect Colorado Law? Law Week Colorado, July, 2018

Colorado Supreme Court Sides With Policyholders On Statutory Bad Faith, Westlaw Journal Insurance Bad Faith, July, 2018

Recent Developments in Disaster Coverage Litigation, “Getting Back to the Basics in a “Big” Case” 2011

Does Your Insurance Cover Losses Caused by the Iceland Volcano? – April 30, 2010 Newsletter

“Directors and Officers Liability Insurance,” Insurance Journal, February, 2006.

“Millenial Battle Map,” The Recorder, March/April 1999

California Liability Insurance, Ch. 23 Contribution, Subrogation & Indemnity

Recent Presentations:

Insurance and Employment Issues for the Coronavirus, Colorado Bar Association, April, 2020

Insurance Overview for COVID-19, Colorado Bar Association, March, 2020

Bad Faith Insurance Claims in Colorado, NBI Seminars, December, 2019

Recent Developments in Colorado Bad Faith Law, Colorado Bar Association, May, 2019

Insurance for the Commercial Lender, Independent Bankers of Colorado, May, 2019

Proving Insurance Bad Faith, NBI Seminars, January, 2019

Insurance for the Commercial Lender, Independent Bankers of Colorado, November, 2018

Representative Reported Decisions:

Kubit v. MAG Mutual Ins. Co., 210 N.C.App. 273, 708 S.E.2d 138 (2011)

Satorre v. New Hanover County Bd, 165 N.C.App. 173, 598 S.E.2d 142 (2004)

Groves v. Travelers Ins. Co., 354 N.C. 206, 552 S.E.2d 141 (2001)

Connecticut Indemnity Co. v. Carrier Haulers, Inc. 197 F.R.D. 564 (W.D.N.C. 2000)

St. Paul Fire & Marine Ins. v. Hanover Ins., 187 F.Supp. 584 (E.D. N.C. 2000)

Progressive American Ins. Co. v. Vasquez, 350 N.C. 386, 515 S.E.2d 8 (1999)

Shell Oil Co. v. Winterthur Swiss Ins. Co., 12 Cal.App.4th 715, 15 Cal.Rptr.2d 815 (1993)

Mock v. Michigan Millers Mut. Ins. Co., 4 Cal.App.4th 306, 5 Cal.Rptr.2d 594 (1992)

Antrican v. Odom, 290 F.3d 178 (4th Cir. 2002)