Elliot Kerzner

Associate

Atlanta

(404) 572-2070

(404) 572-2199

Recent Publication:

Wind Before Storm May Blow Away Flood Exclusions [Property Insurance Law Observer Blog]

Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co., No. 2:21-CV-00825, 2021 WL 2383834 (W.D. La. Jun. 10, 2021), an insured...

Elliot advises and represents clients in a broad range of insurance coverage and commercial litigation matters, including commercial general liability, property damage, personal injury, and environmental claims.  He assists clients in evaluating the legal and factual issues in first-party and third-party insurance coverage disputes, including interpretation of policy provisions, and he also defends clients in complex litigation arising in both federal and state courts.

Elliot previously served as a staff attorney for the U.S. Court of Appeals for the Eleventh Circuit, where he assisted federal appellate judges in both civil and criminal cases. Before joining Cozen O'Connor, Elliot handled a wide variety of civil litigation matters, including representing domestic and international insurers in coverage disputes and construction defect claims and defending insureds against personal injury and property damage claims. Prior to law school, Elliot was a rabbinic intern in Atlanta, where he rendered rabbinic legal decisions and delivered lectures on matters of Jewish law and philosophy.

Elliot earned his law degree, with honors, from Emory University School of Law and his bachelor’s degree and master’s degree from Beth Medrash Govoha.

News

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 201 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

Publications

Wind Before Storm May Blow Away Flood Exclusions [Property Insurance Law Observer Blog]

July 21, 2021

Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co., No. 2:21-CV-00825, 2021 WL 2383834 (W.D. La. Jun. 10, 2021), an insured...

Reasonableness of Insurer's Coverage Decision Determined by Evidence Available at Time of Decision [Property Insurance Law Observer Blog]

July 12, 2021

The Eighth Circuit Court of Appeals recently held that, under Iowa law, an insurer is not liable for breach of contract or bad faith if its coverage decision was objectively reasonable at the time it was made. In Hallmark Specialty Ins. Co. v. Phoenix C & D Recycling, Inc., No. 20-1339, 2021 WL...

First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss or Damage [Alert]

July 06, 2021

Alycen A. Moss and Elliot Kerzner discuss the Eighth Circuit's decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company.

Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims [Property Insurance Law Observer Blog]

June 28, 2021

The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims. In Omni Health Solutions, LLC v. Zurich Am. Ins. Co., No. 19-12406, 2021 WL 2025146...

Florida Court Holds Rust and Corrosion is "Act of Nature" [Property Insurance Law Observer Blog]

June 21, 2021

A Florida court recently held that rust and corrosion of water pipes is an “act of nature,” and, thus, was excluded from coverage under a homeowner’s insurance policy. In Dodge v. People’s Trust Insurance Company, 2021 WL 2217299 (4th DCA Jun. 2, 2021), Florida’s Fourth District Court of Appeals...

South Carolina Allows Depreciation of Labor Costs In ACV Calculation [Property Insurance Law Observer Blog]

June 09, 2021

Insurers in South Carolina may now depreciate both labor costs and material costs when determining the “actual cash value” (ACV) owed to policyholders for property damage. In Miriam Butler et al. v. Travelers Home and Marine Insurance Co. et al., Case No. 2020-001285 (S.C. May 12, 2021), the South...

Lack of Notice No Excuse for Failure to Settle [Avoiding Insurance Bad Faith Blog]

May 28, 2021

An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No. S21Q0227 (Ga. April 19, 2021). In Whiteside, the Georgia Supreme Court held...

Southern District of New York Holds Contamination Exclusion is Ambiguous as Applied to Covid-19 Business Losses [Property Insurance Law Observer Blog]

April 16, 2021

The Southern District of New York recently held that a contamination exclusion was ambiguous in the context of Covid-19-related business interruption losses. Accordingly, the court held that the issue was inappropriate to decide at the summary judgment stage and denied both parties’ cross-motions...

Protests, Riots Raise Questions of Civil Authority Coverage [Best's Review]

March 05, 2021

Alycen Moss and Elliot Kerzner published an article in Best's Review titled, "Protests, Riots Raise Questions of Civil Authority Coverage" discussing property damage from the riots following the death of George Floyd in May 2020.

Eleventh Circuit Confirms Cleaning is not Direct Physical Loss [Property Insurance Law Observer Blog]

August 20, 2020

The Eleventh Circuit has provided some clarity to Florida businesses and their insurers dealing with COVID-19 claims. In Mama Jo’s Inc., d.b.a. Berries v. Sparta Ins. Co., No. 18-12887 (11th Cir. March 18, 2020), the Court held that a restaurant’s lost income and extra cleaning costs due to nearby...

Industry Sectors

Education

  • Emory University School of Law, J.D., with honors, 2014
  • Beth Medrash Govoha, M.A., 2009
  • Beth Medrash Govoha, B.A., 2007

Awards & Honors

Best Lawyers in America, Ones to Watch, 2021

  • Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court -- Northern District of Georgia
  • U.S. District Court -- Middle District of Georgia
  • Georgia Court of Appeals

Atlanta Bar Association

Jewish Federation of Greater Atlanta

Georgia Defense Lawyers Association