Mr. McElroy has broad experience in first and third-party insurance coverage analysis, coverage and bad faith litigation, insurance defense, reinsurance, premium recovery litigation, and anti-SLAPP llitigation. He has handled the interpretation and application of many different types of insurance, including general liability, property and casualty, accidental death and dismemberment, workers’ compensation, professional liability, and marine. His recent focus has been defending coverage litigation arising from fraudulent activities by professional employer organizations (PEOs) involving workers’ compensation insurance. Mr. McElroy has successfully represented insurers facing unique fact patterns and complex legal issues, such as environmental contamination at a Superfund site, a class action alleging poisonous bird food, and a massive landslide which severly disrupted freight and Amtrak service on a major Western rail route.
Mr. McElroy has broad experience in first and third-party insurance coverage analysis, coverage and bad faith litigation, insurance defense, reinsurance, premium recovery litigation, and anti-SLAPP llitigation. He has handled the interpretation and application of many different types of insurance, including general liability, property and casualty, accidental death and dismemberment, workers’ compensation, professional liability, and marine. His recent focus has been defending coverage litigation arising from fraudulent activities by professional employer organizations (PEOs) involving workers’ compensation insurance. Mr. McElroy has successfully represented insurers facing unique fact patterns and complex legal issues, such as environmental contamination at a Superfund site, a class action alleging poisonous bird food, and a massive landslide which severly disrupted freight and Amtrak service on a major Western rail route.
Mr. McElroy has successfully argued before the California First District Court of Appeal in Pearce v. State Compensation Insurance Fund, Case No. A103877 (October 21, 2004, unpublished), and before the Third District Court of Appeal in Ben Palazzolo, Inc, et al. v. Jonathan Neil & Associates, Inc., et al, Case No. C046646 (October 5, 2005, unpublished). He has worked on several other matters before the California Court of Appeal and the Illinois Appellate Court. In addition, Mr. McElroy obtained a summary judgment on behalf of a carrier facing claims of breach of contract and bad faith following the denial of accidental death benefits in the reported case of Schar v. Hartford Life Ins. Co., 242 F.Supp.2d 708 (N.D. Cal. 2002).
Mr. McElroy participated in Sedgwick’s externship program with the Marin County District Attorney’s office where he gained invaluable experience prosecuting criminal jury trials.
Prior to concentrating on insurance law, Mr. McElroy practiced in Chicago for several years, where he specialized in complex commercial litigation and handled a variety of matters involving, among other things, trade secrets, antitrust, contract disputes, creditors' rights and bankruptcy, and execution and collection of judgments.
Activities
Mr. McElroy is a member of the Association of Business Trial Lawyers, Northern California Chapter.
Publications
Mr. McElroy is co-editor of Sedgwick's monthly newsletter, Insurance Law Update, and he has authored articles which have been published in the newsletter.