Our people

Gary represents and advises policyholders (never insurers) with regard to insurance matters in a broad range of contexts, including claim preparation, negotiation, mediation, arbitration, and litigation in state and federal court. He has been the lead lawyer on dozens of major claims, collecting over one billion dollars in court verdicts, arbitration awards, or negotiated settlements. Gary recently won a $28 million jury verdict and a $60 million court verdict. He is one of the top, most experienced policyholder-side lawyers in the country. His expertise is particularly well-developed with respect to first-party property and business interruption insurance, directors & officers insurance, political risk insurance, employee dishonesty insurance, and liability insurance (such as for tort, asbestos, discrimination, environmental, and other liabilities).  

Gary also has a steadfast commitment to pro bono and community service, and has won several awards for his achievements. His pro bono work includes helping victims of disasters and insurance discrimination, obtaining health coverage for life-saving cancer treatments, assisting 9/11 victims, and thousands of hours of other pro bono cases in his 20 years of practice. Gary serves on several non-profit Boards and is a leader in his community (Chair of his neighborhood Commission).

Representative Matters

• Lead counsel in Hurricane Wilma & Katrina related claim by a Florida hotel owner, obtaining a $28 million jury verdict against AIG/Lexington

• Lead counsel in Hurricane Katrina related claim by a New Orleans hotel owner, obtaining a court award supporting a claim adjustment of over $60 million, ultimately prevailing over and settling with multiple major commercial property insurers

• Lead counsel for commercial policyholders with losses from hurricanes and other disasters, including dozens of properties in New Orleans or Florida damaged by Hurricanes Katrina, Wilma, Charley, or Frances (several hundred million in settlements)

• Represented policyholders in connection with losses of September 11, 2001, including several of the largest hotel claims in or near the World Trade Center (several hundred million in settlements)

• Represented policyholders in losses incurred in political violence abroad, such as in Nigeria

• View all...

Publications

• "Insurance Coverage for Copyright Infringement in Cyberspace," (with J. Zacharra), ABA Intellectual Property Committee Newsletter (Fall 2007)
• "Defending an Intellectual Property Case: Check for Insurance Coverage," e-Commerce Law Report, Vol. 9, No. 6 (June 2007)
• "I Want My Money Back! - Can an Insurer Seek Reimbursement from its Policyholder for Amounts Related to Noncovered Claims?," (with R. Allen & S. Thorpe), ABA Materials - Conference for Insurance Coverage Litigation (March 3, 2007)
• "A Director's Loss by Any Other Name," (with M. Schlesinger), Legal Times (February 26, 2007)
• "Property Insurance Litigator's Handbook, " American Bar Association (August 2007)
• “The Length of the Road Back from Disaster,” Adjusting Today (September 2006)
• "Property Insurers Put to the Test - Active Sellers' Market Complicates the Claims Process in Wake of Hurricanes," National Real Estate Investor (July 2006)
• "The Effect of the Sale of Commercial Property on a Pending Insurance Claim," American Bar Association's Coverage (July 2006)
• "Payment Delays, Code Upgrades Impact Hotels Rebuilding After Hurricanes," (Interview) Hotel Business (February 7, 2006)
• “Insurance Fallout About To Take Shape,” (Interview by C. Ostrowski) Hotel Journal (December 2005)
• “Commercial Insurance In The Wake Of Katrina, Rita & Wilma,” Dow Jones Corporate Governance (November 23, 2005)
• “Hotel Insurance Claims – 15 Practical Pointers,” Hotels Magazine (October 2005)
• "After the Hurricane: Property Damage Can Spawn a Follow-Up Insurance Storm," Legal Times (August 15, 2005)
• "Property Coverage 'Contingent' on Damage to other Property," American Conference Institute Materials (March 11, 2002)
• "Dealing with the Aftermath of September 11...and the Changes Beyond," (with J. Heintz), American Conference Institute Materials (March 11, 2002)
• "Allocation of Costs In An Insurance Action: The 'All Sums' Contract Method Versus Extra-Contractual 'Pro Rata' Approaches," (w. J. Heintz), ABA Materials - Midyear Committee Meeting 2002 Insurance Coverage Litigation (annual articles on allocation for same conference dating back to 1996)
• "Insurance for Losses Resulting From the Terrorist Attacks of September 11, 2001," Mealy's Litigation Reports: Insurance (Lexis-Nexis) (September 25, 2001)
• "The Age of E-Discovery," (with M. Wegener), Corporate Legal Times (Supplement) (June 2000)
• "If We Can't Vote For Them, Why Can They Tax Us?," (with L. Williams), Washington Post, Outlook Section (April 30, 2000)
• "The Daubert Rule In Toxic Tort Litigation," (with J. Heintz & T. Wolfe), materials by ALI-ABA re: "Risk Assessment and Risk Management in Environmental Law," (October 8, 1998)
• "The Rooker-Feldman Doctrine and the Subject Matter Jurisdiction of Federal District Courts," Rutgers Law Review, cited by U.S. Circuit and District Courts, and Wright, Miller & Cooper (1990)
• Several other papers presented at insurance conferences

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• District of Columbia
• New York

Court Admissions

• U.S. Court of Appeals - District of Columbia Circuit
• U.S. District Court - District of Columbia
• U.S. District Court - District of New Jersey
• U.S. District Court - District of Maryland

Professional Affiliations

• Alliance to Preserve the Civil War Defenses of Washington - Founder & Officer
• D.C. ANC Commissioner - Chair
• Higher Achievement Program - General Counsel
• Washington Lawyers' Committee for Civil Rights & Urban Affairs - Board member

Interests

Gary lives in Washington, D.C. with his wife, Elizabeth, and three children, Alex, Maddie, and Ella. Among other interests are Tae-Kwon-Do (black belt) and jazz.

Awards & Recognitions

• 2005-2010 — Named in Chambers USA as one of America's leading policyholder side attorneys
• 2005-2008 — D.C. Bar Pro Bono Committee
• 2007 — D.C. Bar award for best pro bono project (small business initiative)
• 2006-present — Elected as Commissioner from his district to the D.C. Chevy Chase Advisory Neighborhood Commission (Chair, 2009-present)
• 2006 — D.C. Appleseed Pro Bono Partner Award
• 2006, 2002 and 2001 — Three time recipient of Washington Lawyers Committee for Civil Rights, Outstanding Achievement Award for Fair Housing
• 2004 — Recognized by Business Insurance as one of the "40 under 40" outstanding professionals in the insurance industry (one of three attorneys listed)
• 2003 — Award for assistance provided to Army and Navy Legal Assistance to Pentagon victims of 9/11