Ilya A. Kosten Partner

Ilya A. Kosten has successfully represented major insurer clients in high-exposure coverage and bad faith litigation for over 30 years, including cases involving general liability, professional liability, environmental, construction, property, premises liability, and auto and trucking claims, as well as disputes with other insurers. He served as national coordinating counsel for insurers facing Covid-19 business interruption claims with an undefeated record and has represented clients pro-hac-vice in multiple jurisdictions.

Mr. Kosten is an accomplished litigator with extensive experience in state, federal and appellate courts, as well as in arbitrations and mediations. He handles all areas of litigation, from initial intake through appeal.  He also frequently prepares sophisticated coverage opinions involving novel and complex insurance issues.

Mr. Kosten also has broad experience with non-insurer clients in the medical and healthcare, manufacturing, construction, real estate, and automotive industries.  He provides trusted advice and guidance concerning business disputes, personal injuries, premises liability, corporate transactions, and real estate matters.

Mr. Kosten is admitted to practice in all California state courts, as well as before the Ninth Circuit Court of Appeals and the United States District Courts for the Central, Eastern, Northern and Southern Districts of California.  He is Martindale-Hubbell AV rated, named a Southern California Super Lawyer from 2013 to the present, and was listed in the Top 100 Southern California Lawyers in 2017.  He is fluent in Russian.

Representative Litigated Matters

• Dollar Point Association, Inc. v. United States Liability Insurance Company, United States Court of Appeals, Ninth Circuit (2023) 2023 WL 8804574 and D.C. No. 2:22-cv-00995-KJN, Eastern District of California, Sacramento
• Itzhaki v. United States Liability Insurance Company, United States District Court, C.D. California (2021), 536 F.Supp.3d 651
• Montrose Chemical Corporation v. Superior Court of Los Angeles County, Supreme Court of California (2020) 9 Cal.5th 215 460 P.3d 1201 260 Cal.Rptr.3d 822
• Covil Corporation by Protopapas v. Zurich American Insurance Company, United States District Court, D. South Carolina, Spartanburg Division (2020) 2020 WL 951052
• Transport Ins. Co. v. Superior Court, Court of Appeal, Second District, Division 5, California (2014) 222 Cal.App.4th 1216, 166 Cal.Rptr.3d 612
• OneBeacon America Insurance Company v. Superior Court, Court of Appeal, Second District, Division 7, California (2013) 2013 WL 2996703
• Employers Ins. Co. of Wausau v. Oakdale Heights Management Corp., United States District Court, E.D. California (2012) 2012 WL 2160957
• NavCom Defense Electronics, Inc. v. Continental Cas. Co., Court of Appeal, Second District, Division 8 (2011) 2011 WL 3435391
• Joe Hand Promotions, Inc. v. Campbell, United States District Court, E.D. California (2011) 2011 WL 3439217
• Rose v. Thrifty Payless Holdings, Inc. Court of Appeal, Second District, Division 3, California (2003) 2003 WL 178659
• Prichard v. Liberty Mut. Ins. Co., Court of Appeal, Fourth District, Division 3, California (2000) 84 Cal. App. 4th 890, 101 Cal. Rptr. 2d 298, as modified on denial of reh’g (Dec. 6, 2000)
• Liberty Mut. Fire Ins. Co. v. McKenzie, Court of Appeal, Second District, Division 4, California (2001) 88 Cal.App.4th 681, 105 Cal.Rptr.2d 910

Education

Mr. Kosten earned his Juris Doctor in 1994 from Pepperdine University School of Law, Malibu, California. He received his Bachelor of Arts in Political Science degree from University of California, Los Angeles in 1990.

Professional Activities

• American Bar Association
• Los Angeles County Bar Association
• Association of Southern California Defense Counsel
• Federation of Defense & Corporate Counsel
• Professional Liability Underwriting Society (PLUS)
• Claims and Litigation Management Alliance
• The National Forum for Environmental & Toxic Tort Issues
• Emerging and Environmental Claims Management Association
• Society of Environmental Insurance Professionals