Overview

Gerry Wixted represents insurance companies, healthcare providers, and corporations in a wide range of civil litigation matters, including insurance coverage, reinsurance, construction litigation, and products liability defense. He also handles guardianship and civil commitment matters for healthcare providers. Gerry has represented trustees in several large trust and estate cases.

Representative Experience

  • Successfully argued the standard for determining “employee” from “independent contractor” before the New Jersey Supreme Court. Kotsovska v. Liebman, 221 N.J. 568 (2015).
  • Successfully argued that “expected or intended” insurance exclusion bars coverage for workplace “intentional wrong” tort claims. Johnson v. Plasser Corp., 2014 N.J. Super. Unpub. LEXIS 372 (App. Div. 2014).
  • Defended residential and commercial chimney contractors in several fire property damage cases in New Jersey and Pennsylvania.
  • Defended large insurer in contribution action in federal court against other insurers for coverage of national auto parts supplier in high exposure tort case.
  • Defended large insurer in federal court regarding scope of liability coverage for national trucking company for claims arising in 38 states.
  • Defended large insurer against coverage and bad faith claims arising out of railroad maintenance crew accident.
  • Defended large insurer in six week London Market arbitration trial regarding insurance coverage for large pharmaceutical company in nationwide product liability lawsuits.
  • Defended a maritime crane manufacturer in several bodily injury suits in federal court.
  • Represented area hospitals in several contested emergency guardianship matters.

Professional & Community Activities

  • Referee, Burlington County Youth Swimming Championships, 2008-present
  • President, Tri-County Youth Swimming League, 2009-2012

Speeches & Presentations

  • “Unnamed But Insured (Maybe): Indemnity, Additional Insureds, and Other Insurance in New Jersey and Pennsylvania”, NJ CLE 2016
  • “Contested Guardianship in New Jersey”, NJ CLE 2015
  • “The Insurer’s Duty to Defend in New Jersey, New York, and Pennsylvania”, Hartford, Connecticut, 2012

Representative Experience

  • Successfully argued the standard for determining “employee” from “independent contractor” before the New Jersey Supreme Court. Kotsovska v. Liebman, 221 N.J. 568 (2015).
  • Successfully argued that “expected or intended” insurance exclusion bars coverage for workplace “intentional wrong” tort claims. Johnson v. Plasser Corp., 2014 N.J. Super. Unpub. LEXIS 372 (App. Div. 2014).
  • Defended residential and commercial chimney contractors in several fire property damage cases in New Jersey and Pennsylvania.
  • Defended large insurer in contribution action in federal court against other insurers for coverage of national auto parts supplier in high exposure tort case.
  • Defended large insurer in federal court regarding scope of liability coverage for national trucking company for claims arising in 38 states.
  • Defended large insurer against coverage and bad faith claims arising out of railroad maintenance crew accident.
  • Defended large insurer in six week London Market arbitration trial regarding insurance coverage for large pharmaceutical company in nationwide product liability lawsuits.
  • Defended a maritime crane manufacturer in several bodily injury suits in federal court.
  • Represented area hospitals in several contested emergency guardianship matters.

Insights