Garth A. Gersten

PHONE: 720.963.7540
EMAIL: garth@os.law

Garth A. Gersten is an attorney with Otteson Shapiro LLP.

A 1986 graduate of the University of California, Hastings College of the Law, Mr. Gersten’s practice focuses on insurance coverage, where he represents and advises policyholders. 

Mr. Gersten has been selected for inclusion in The Best Lawyers in America© for his work in insurance law every year since 2007.

Mr. Gersten is a co-founder of the Insurance Committee of the Colorado Bar Association and has served as its Secretary, Vice Chairman and Chairman. He is also a Fellow of the American College of Coverage Counsel.

Mr. Gersten has litigated coverage and bad faith claims regarding construction defects, pollution, intellectual property claims, business interruption claims, underinsured and uninsured motorist coverage, fire and storm losses, and workers compensation insurance disputes. In addition to representing policyholders in their disputes with insurers, he is focused on having policyholder clients be proactive with their insurance program. To that end, he reviews existing insurance programs for policyholders and advises on gaps and overlaps. He also reviews and revises contractual insurance and indemnity provisions to make sure his clients’ interests are protected.  

Mr. Gersten is experienced in resolving disputes as a trained mediator.

Mr. Gersten initially practiced in California where he represented major insurers, providing advice and handling bad faith and declaratory judgment litigation, including several large pollution and construction defect cases. He then moved to North Carolina, where he represented insurers and policyholders and was a frequent presenter at insurance coverage seminars.  

Mr. Gersten previously served as Chair of the Government Affairs Committee for the North Carolina Captive Insurance Association.  

Since moving to Colorado, Mr. Gersten has exclusively represented policyholders. 

Mr. Gersten has been active in Pro Bono matters and in 2003 he received a Defender of Justice Award from the North Carolina Justice and Community Development Center.  The award recognized his work in litigation for the State of North Carolina over dental access issues for children under Medicaid. He also represented guardians ad litem of children in appellate proceedings.

Mr. Gersten is admitted to practice in Colorado, North Carolina, Illinois, California, the United States Court of Appeals for the Fourth and Ninth Circuits and the United States District Courts in Colorado, California, Illinois and North Carolina. He is a current member of CBA, CTLA, ACCC and ABA.  

Mr. Gersten also previously taught Appellate Advocacy at Golden Gate University School of Law in San Francisco.

RECENT PRESENTATIONS

Handling Coverage in Disasters for Commercial and Homeowner Insureds, American College of Coverage Counsel Annual Meeting, May 11, 2023

Fire Loss Insurance Claims, Colorado Bar Association, April 26, 2022

Colorado Insurance Coverage Litigation Boot Camp, National Business Institute, December 2, 2021

Multiple Insureds with Insufficient Limits – The Law, Considerations and Recommendations, American College of Coverage Counsel Annual Meeting, September 24, 2021

Insurance and Employment Issues for the Coronavirus, Colorado Bar Association, April, 2020

Insurance Overview for COVID-19, Colorado Bar Association, March, 2020

Bad Faith Insurance Claims in Colorado, NBI Seminars, December, 2019

Recent Developments in Colorado Bad Faith Law, Colorado Bar Association, May, 2019

Insurance for the Commercial Lender, Independent Bankers of Colorado, May, 2019

Proving Insurance Bad Faith, NBI Seminars, January, 2019

Insurance for the Commercial Lender, Independent Bankers of Colorado, November, 2018