Dustin C. Blumenthal
An experienced litigator and trusted counsel to global leaders in insurance, Dustin Blumenthal has over a decade of experience litigating high-stakes coverage matters and bad faith actions in state and federal courts, as well as counseling insurers on good faith claims-handling practices and complex coverage matters. He also has significant experience defending insurance agents and brokers in professional liability matters. He serves the firm as a leader of the GIS Florida Team.
In addition to his experience as a lead trial attorney and outside counsel, Dustin draws on experience earned as claims counsel in the environmental specialty claims department of a major multinational insurance company, managing high-profile first- and third-party claims arising under environmental, contractors, professional, and general liability policies. Management of these multimillion-dollar matters involved analysis of coverage positions for claims arising under ISO-form and manuscript policies, settlement negotiations, proactive identification of subrogation opportunities, and supervision of outside counsel as necessary.
Dustin has counseled insurers on the intricacies of a wide range of policy forms, including commercial general liability (CGL), commercial auto and trucking liability, directors and officers (D&O), first-party property matters, environmental cleanup, and professional liability. As a litigator, Dustin has defended insurers at trial and appeal in state and federal courts in Florida, New York, and New Jersey. His experience includes declaratory judgment and breach of contract actions, actions for reformation or rescission, Dram Shop Act claims, construction defect and construction accident claims, premises and auto liability matters, and bad faith actions involving catastrophic automobile accidents and sexual abuse claims. He has also participated in mediations and conferences with insured and claimants to resolve primacy of coverage issues.
Using his coverage expertise, Dustin also defends insurance agents and brokers in E&O actions alleging failure to procure proper or adequate insurance as well as fraudulent or negligent application disputes.
Honors & Awards
Florida Super Lawyers Rising Star, 2016–20
- New York
- New Jersey
- U.S. District Courts for the Northern, Middle, and Southern Districts of Florida
- U.S. District Court for the District of New Jersey
- U.S. Court of Appeals for the Eleventh Circuit
- Quinnipiac University School of Law, J.D., cum laude, 2005
- State University of New York at Albany, B.A., 2002
- Claims and Litigation Management Alliance
- Professional Liability Underwriting Society (PLUS)
Publications & Events
- “Good Faith Claims Handling: Recent Cases and Topics,” December 10, 2020
- “Disputes between Primary and Excess Insurers,” CLM Training Session, Alpharetta, GA, August 14, 2019
- “You Said What? How to Maintain a Claims File That Survives the Scrutiny of Extra-Contractual Litigation,” CLM Annual Conference, Orlando, FL, March 13, 2019
- “Use of Extrinsic Evidence in Analyzing the Duty to Defend” (Co-Presenter), Client Presentation, Wayne, PA, December 7, 2018
- “Navigating The Florida Civil Remedy Notice Statute and the Florida Construction Defect Statute,” Client Presentation, New York, NY (Co-Presenter), October 30, 2018
- “Specialty Lines: 2021 Year in Review,” (Co-Presenter), GS Webinar Series, January 12, 2022
- “Exploring the Complexity of Coverage B,” (Co-Presenter),GIS Webinar, November 12, 2019
- “You Break It You Buy It – Avoiding Self-Made Errors in Claims Handling in Florida,” (Presenter), GIS Webinar, January 22, 2019
December 23, 2022
May 31, 2022
June 3, 2021