Overview

Benjamin Massarsky is Of Counsel at the Firm. His practice focuses on representing corporate policyholders in complex insurance disputes in federal and state court. His experience extends to numerous types of insurance coverage, including commercial general liability, directors and officers, errors and omissions, political risk, and music tour non-appearance policies. Benjamin’s clients have spanned the manufacturing, real estate, technology, and entertainment sectors. He is sought after by clients for his innovative legal strategies and ability to navigate complex coverage issues.

Benjamin was an integral member of the trial team that secured a $112 million verdict on behalf of the Firm’s client after a two-week federal jury trial in May 2023. This verdict represents one of the largest bad faith insurance coverage awards in the last 30 years and is among the largest awards of any kind in Indiana history.

In addition, Benjamin has an active pro bono practice in which he represents students with special education needs and assists them in obtaining appropriate educational services in public and private schools. He has also drafted writs of certiorari for criminal defendants appealing to the Supreme Court of the United States.

Benjamin lives in Bethesda, Maryland with his wife and two young boys.

Insurers Should Honor Astroworld Coverage Obligations, November 17, 2021

Stuck in the Muck: Looking to Insurance to Cover Billions of Dollars in Suez Canal Losses, April 5, 2021

What Cos. Must Watch Out For When Obtaining PPP Insurance, February 1, 2021

“Playing With Fyre: Insurance Considerations For Music Festival Organizers,” September 12, 2019 (Author)

“Tours In Trouble: A Rock Star’s Response To Coverage Denials Based On Physical Injury Or Mental Health,” July 3, 2019 (Author)

“Mastering Insurance Coverage and Bad Faith Litigation,”

September 2, 2024 (LearnFormula CLE, Presenter)

“Winning an Historic $112 Million Insurance Bad Faith Jury Verdict – Trial Strategy,”

March 20, 2024 (Practising Law Institute CLE, Presenting Faculty)

“Winning an Historic $112 Million Insurance Bad Faith Jury Verdict – Pre-Trial Preparation,”

March 7, 2024 (Practising Law Institute CLE, Presenting Faculty)

“Insurance Coverage for Governmental Investigations: Avoiding Exclusions, Ensuring Prompt Notice, Recognizing Claims,”

January 4, 2023, (Strafford CLE, Presenter)

Education

Cornell University, B.A. in History, Government

American University Washington College of Law, J.D., Magna Cum Laude and Order of the Coif

Bar Admissions

New York

Washington, D.C.

Maryland

Court Admissions

United States District Court for the District of Columbia

United States Court of Appeals for the Ninth Circuit

Honors & Awards

Selected by Law360 in its Rising Stars of 2024 as one of the "Top Attorneys Under 40" for Insurance Law

Recognized in Washington, D.C. Super Lawyers (Thomson Reuters) – Rising Stars for 2024