Gary W. Berdeen

Gary Berdeen has provided clients with informed, candid advice and practical solutions to complex coverage problems for nearly two decades.

Gary has successfully represented insurers in a wide range of coverage cases in state and federal courts throughout the country, including disputes involving construction defect, product liability, environmental, professional liability, directors’ and officers’ liability, rescission and bad faith claims. 

He has recently been engaged in a variety of business interruption and loss of income matters stemming from the COVID-19 pandemic.

Gary also offers extensive experience representing clients in civil litigation cases involving breach of contract, fraud, tortious interference, toxic tort and personal injury claims. He handles appeals as well.

Prior to joining Stewart Smith, Gary worked at several notable law firms where he represented Fortune 500 companies in high exposure litigation and individuals in family law matters.

He earned his J.D. at Syracuse University College of Law and his B.S. at Virginia Tech.

Primary Practice Areas

Areas of Focus
  • Additional Insured Coverage
  • Advertising Injury & Business Tort Coverage
  • Commercial Auto & Motor Carrier Coverage
  • CGL Insurance Coverage
  • Excess & Primary Insurer Relations
  • Products Liability Coverage
  • Professional Liability (E&O) Coverage
  • Property Coverage
  • Rescission & Fraud
  • Umbrella & Excess Coverage

American Home Assurance et al. v. Trumbull Corp. et al.  (Pennsylvania 2012) (no coverage as a matter of law under CGL policies for claims of faulty workmanship/defective construction of retail shopping center)

McLaren v. AIG Domestic Claims, Inc. (E.D. Pa. 2012) (dismissal with prejudice of action involving bad faith and breach of contract claims arising out of third party administrator’s alleged improper settlement of underlying wrongful death suit against insured, holding administrator is not a party to the insurance contract and, therefore, not a proper defendant)

RLI Insurance Co. v. Conseco, Inc., 2007 WL 2020176  (S.D. Ind. 2007)  (obtained summary judgment and award of attorney fees on behalf of insurer in eight-figure breach of contract action involving underlying securities litigation and ERISA claims under excess D&O liability policy), affirmed, RLI Ins. Co. v. Conseco, Inc., 543 F.3d 384 (7th Cir. 2008)

  • Member, Syracuse Law Review