James M. Westerlind

James M. Westerlind is a partner in ArentFox Schiff’s New York office and a recognized authority in life settlement disputes, insurance and reinsurance litigation, and complex commercial matters. He has been at the forefront of the life settlements industry since the mid-2000s, representing investors, agents, and other stakeholders in the secondary and tertiary markets through high-stakes litigation involving insurable interest challenges, stranger-originated life insurance (STOLI) disputes, and related coverage controversies.

James brings substantial trial and appellate experience across state and federal courts nationwide, having served as both first and second chair in jury trials, evidentiary hearings, and arbitrations. Among his notable trial achievements, he second-chaired a successful jury trial in the Southern District of Florida in Sciaretta v. Lincoln Life Insurance Co., where the jury returned a verdict finding the life insurance policy valid and enforceable despite findings of material misrepresentations and a civil conspiracy to engage in a STOLI scheme. He has also played a central role in appellate matters before the New York State Supreme Court (First and Second Judicial Departments) and the Second, Ninth, and Eleventh Circuits of the U.S. Courts of Appeals. His appellate work includes co-authoring the briefing in the landmark Second Circuit decision in AEI Life LLC v. Lincoln Benefit Life Co., which established persuasive and binding authority on conflict of laws, incontestability, and bona fide purchaser protections in the life settlement space, and more recently in arguing an appeal before the Eighth Circuit in Wells Fargo Bank, N.A., as Securities Intermediary v. Ameritas Life Insurance Corp.

Beyond life settlements, James maintains a broad insurance and reinsurance practice, representing policyholders, carriers, brokers, agents, and managing general agents in complex coverage disputes. His insurance work has extended into emerging areas such as cyber insurance, business interruption coverage, and pandemic-related claims, where he has authored numerous widely cited publications and served as a frequent panelist on topics including cybersecurity risks in M&A, data breach litigation, and COVID-19 insurance issues. Notable representations also include the defense of Fortress Re, a reinsurance pool managing general agent, and its principals in a $1 billion fraud action and arbitration commenced by its Japanese pool members.

James also represents automotive dealers in franchise disputes with manufacturers in federal and state courts and administrative proceedings, including add-point and facility renovation disputes against major brands. His litigation experience additionally encompasses the defense of prominent U.S. companies in product liability actions and toxic tort cases.

A respected voice in the life settlement industry, James was elected to the Board of Directors of the Life Insurance Settlement Association (LISA) in October 2025. He is a frequent speaker at leading industry conferences, including the European Life Settlement Association Secondary Life Markets Conference in Zurich, the LISA Annual Conference, and the Fasano Annual Longevity Conference. He is a prolific author, with published works spanning life settlement litigation developments, cyber insurance coverage, data breach notification, and business interruption law.

James is deeply committed to pro bono service, having devoted substantial time to not-for-profit public interest work and family court litigation. He is a recipient of the ArentFox Schiff Albert E. Arent Award for Outstanding Pro Bono Achievement (2013) and the Commitment to Justice Award (2014) from Her Justice, a nonprofit organization dedicated to providing legal assistance to women in need. He has also served as a member of the Insurance Law Committee of the New York City Bar Association, where he contributed to shaping New York insurance law and public policy. 

Prior to joining ArentFox Schiff, James was an associate in the New York office of large, prominent regional law firm with his current insurance team. He earned his J.D. cum laude from St. John’s University School of Law in 2001, where he served as Associate Managing Editor of the St. John’s Journal of Legal Commentary. He received his B.A. magna cum laude from the State University of New York at Stony Brook in 1997, where he was inducted into Phi Beta Kappa and the Golden Key National Honor Society. James is admitted to practice in New York, Connecticut, Florida, and Texas, as well as before multiple federal district and appellate courts.