Overview
Cary Lerman has been representing clients in their most complex and significant insurance coverage matters for over 40 years as both a trial lawyer and adviser.
Recognized by Chambers USA among its Senior Statespeople in the area of insurance law, Cary’s work on behalf of his clients has resulted in recoveries well in excess of $2 billion.
Cary’s clients include the largest corporations in the United States and prominent officers and directors of those corporations. In addition to policyholders, he represents insurance subsidiaries of Berkshire Hathaway, including General Reinsurance Corporation and Geico. He has also represented one of the largest international insurance brokers.
This diverse group of clients gives him a unique perspective and hard-to-duplicate experience in approaching insurance disputes, whether in litigation or at the negotiating table. Cary has a real-world view of the interests of insureds, insurers, and brokers, and he brings that vast experience to bear in representing all his clients.
Transactions-related counsel. In addition to trials and international arbitrations, Cary counsels companies on insurance-related issues involved in acquisitions, mergers or demergers in order to ensure that coverage is maximized and preserved — and not lost — in the process of reorganization. He also reviews clients’ insurance programs and advises on weaknesses or gaps in coverage.
Types of policies. Cary’s practice focuses on all lines of property and casualty and errors and omissions liability insurance, including general liability policies, officer and director liability policies, legal malpractice policies, fidelity bond and crime policies, electronic errors and omissions policies, environmental impairment policies, engineering and architecture liability policies, cybersecurity policies, aviation policies and first-party property damage policies, including business interruption insurance.
Types of coverage. These matters involve insurance coverage for environmental contamination, construction defects, product liability, securities law violations, employee theft, mass tort personal injury claims, advertising, trademark, copyright and privacy violations and space launches, among others.
Trials and international arbitrations. Cary’s practice includes litigating insurance coverage disputes and other claims in state and federal court. He has successfully tried diverse insurance coverage and bad faith claims. Cary has also successfully prosecuted insurance claims in international arbitrations, principally under Bermuda Form policies.
In his free time, Cary is an inveterate reader, committed life-long learner, researcher on historical events, and frequent lecturer on history and the Hebrew Bible. He enjoys the arts, opera, hiking, baseball and international travel, as well as serving pro bono as legal counsel to his synagogue. Cary has studied German, Spanish, Hebrew, French, Japanese and Russian.
Capabilities
Industries
Experience
Insurance Coverage – Counseling, Litigation and Arbitrations
An international oil company in a series of related international arbitrations, resulting in combined recoveries of more than $285 million for alleged environmental liabilities.
Numerous public utility policyholders which have been sued for damages owing to wildfires and battery fires.
An international company in obtaining defense and indemnity coverage for their asbestos liabilities, after a multi-year trial, resulting in recoveries of over $200 million.
An investment partnership in obtaining insurance coverage under an errors and omissions policy for investment advisory services claims, after the insurer denied coverage, arguing that the claim was made prior to the policy period.
An aerospace company in obtaining full policy limits of $30 million resulting from destruction of a spacecraft after launch.
A petroleum refiner in collecting more than $75 million in losses, including for business interruption, arising from a refinery fire.
A reinsurer in a series of related lawsuits (including receivership actions, class actions and individual actions) and government investigations alleging fraud in the issuance of reinsurance, against claims in excess of $100 million.
An international pipe manufacturer in a series of lawsuits and arbitrations, successfully obtaining coverage for asbestos bodily and property damage claims and environmental claims.
An international coatings company in obtaining coverage for claims in excess of $100 million, alleging corrosion of off-shore and on-shore drilling rigs.
An international transportation company in defeating an attempt by insurers for reimbursement of over $120 million paid to settle multiple wrongful death and injury claims arising from a railroad accident resulting in multiple fatalities.
An insurance company in defeating an effort by a reinsurer to avoid paying a reinsurance claim of $10 million.
An oil company in obtaining full coverage for multiple death and bodily injury claims arising from a fire at a drilling rig, with claims in the tens of millions.
A start-up internet gaming company in a review of multiple insurance policies covering their unique risks.
More
- Fellow, American College of Coverage Counsel Association
- Chambers USA, Senior Statespeople: Insurance: Policyholder
- The Best Lawyers in America
Cary has taught at law schools in Russia and elsewhere on international arbitration, insurance, negotiation skills, and the rule of law, including in Kazan and Samara, Russia, Odessa, Ukraine, and Baku, Azerbaijan. He was the founder and organizer of the first Russian team to compete in the International Client Counseling Competition. He taught museum law at the University of Southern California.
Publications
Cary is an author of articles on domestic and international arbitration. He is the author of a memoir entitled “Of No Eccentric Whim.”
Speaking Engagements
Cary is a frequent lecturer on domestic and international arbitration. He also lectures on little known historical events in U.S. history, drawing from them lessons for the modern age.
