Marc E. Isserles, Esq.

T: 212-751-2700
F: 212-751-4099


Available nationwide

Marc E. Isserles, Esq. is a skilled commercial mediator with more than 15 years of litigation experience handling complex business disputes.

Mr. Isserles regularly mediates insurance coverage disputes, as well as commercial disputes involving insurance coverage issues. As a result, he has a keen understanding of how insurance issues impact the negotiation and settlement dynamics, and is well-versed in the substantive issues that frequently arise in insurance cases.

A former law clerk to U.S. Supreme Court Justice Stephen Breyer, and a founding partner of a top New York City litigation boutique, Mr. Isserles brings to his mediation practice the skills of both a nuanced legal thinker and seasoned litigator. Mr. Isserles is known for his judicious temperament, thorough preparation, and ability to quickly grasp both sides of a complicated issue while keeping an open mind.

Read counsel comments about Mr. Isserles's skills and style as a neutral.

Insurance Area Expertise and Qualifications

  • CGL, D&O, E&O, umbrella, and excess policy issues
  • Additional insured coverage issues and “other insurance” clauses
  • Causation and “arising out of” issues
  • Notice
  • Aggregate limits
  • Choice of law
  • Claims made issues
  • Duty to defend vs. duty to indemnify
  • Bad faith allegations
  • Allocation of Indemnity and defense costs among multiple insurers
  • Reinsurance allocation issues
  • Interpretation and scope of insuring clauses
  • Interpretation and scope of key policy exclusions
  • Number of occurrences
  • Trigger of coverage
  • Primary level exhaustion and relationship with umbrella/excess levels
  • Reservation of rights and/or disclaimer of coverage; conflicts between insured and insurer
  • Deductible and SIR issues
  • Advertising injury and IP claims
  • Issues arising out of multiple insurance towers

Representative Insurance Mediations and Arbitrations

  • Arbitrated dispute between malpractice carrier and insured over duty to defend and informed consent policy exclusion
  • Co-mediated multimillion dollar malpractice action against law firm in connection with coverage advice given to insurance carrier in property damage litigation arising out of a major construction accident
  • Co-mediated multi-party insurance coverage dispute arising out of $1 billion proposed class action settlement of tort claims
  • Co-mediated insurance coverage dispute between primary and excess carriers over allocation of settlement
  • Co-mediated coverage dispute arising out of settlement of products liability claims brought against major manufacturer following a fire

Honors, Memberships, and Professional Activities

  • Neutral on various court panels, including the U.S. Court of Appeals for the Second Circuit; U.S. District Court for the Southern District of New York; and the Supreme Court, Commercial Division for New York County
  • Member, Federal Bar Council

Background and Education

  • Founding Partner, Shapiro, Arato & Isserles LLP, 2009-2014
  • Partner and Associate, Cohen & Gresser LLP, 2005-2008
  • Associate at Parcher, Hayes & Snyder, O’Melveny & Myers, and Jenner & Block, 2000-2005
  • Law Clerk to Hon. Stephen G. Breyer, U.S. Supreme Court, 1999-2000
  • Law Clerk, Hon. Laurence H. Silberman, U.S. Court of Appeals for the D.C. Circuit, 1998-1999
  • J.D., magna cum laude, Harvard Law School, 1998; Joshua Montgomery Sears Prize (for highest grade point average during second year), 1996-1997; Notes Editor, Harvard Law Review, 1996-1998
  • B.A., Sarah Lawrence College, 1993


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