About David Kostus

For more than a decade, David has represented various insurers and defendants in both coverage and litigation matters. These range from declaratory judgment matters, to extensive work as trial counsel on toxic exposure, product liability, and construction matters in state and federal court in the Tri-State area.

David is a practice group leader for the firm’s Insurance Coverage practice. Prior to joining Spiro Harrison, he worked at one of the world’s leading insurance companies handling insurance coverage matters, and then ten years at one of the nation’s leading insurance defense firms. He also has experience in general commercial litigation, handling diverse issues ranging from loss of use damages in an aviation context to class action certification, and has handled appellate work in both federal Circuit Courts and State Supreme Courts.

David is a New Jersey native, and upon graduation from Fordham Law School in 2003, he served as Law Clerk to the Honorable Donald W. Merkelbach, J.S.C. in the Superior Court of New Jersey, Essex Vicinage.


  • ​Fordham University School of Law – J.D.
  • ​Rutgers University, Rutgers College – B.A., Philosophy


State Bars:

  • ​New Jersey
  • New York

U.S. Court of Appeals:

  • ​Second Circuit

U.S. District Courts:

  • ​District of New Jersey
  • Eastern District of New York
  • Southern District of New York


  • ​​Szewczuk v. Stellar 117 Garth, LLC, 541 Fed.Appx. 30 (2d Cir. 2013).
  • Andrucki v. Aluminum Company of America, et al., (In re New York City Asbestos Litigation), 106 A.D.3d 617 (N.Y.A. D. 1st Sept. 2013).
  • Albany Law Review Article: The Controversial Contradiction between Traditional Precedent and Recent Failure To Warn Jurisprudence in New York August 1, 2011.