Biography

In over 40 years of practice, Mary McCutcheon has represented corporate and individual policyholders in an extensive range of insurance coverage disputes.

She has guided her clients through complex disputes arising out of a variety of scenarios, including securities actions, venture capital and private equity litigation, intellectual property and technology errors and omissions disputes, highly sensitive employment claims, mass casualty personal injury actions, professional liability, and construction and delay claims.

Mary has special, in-depth expertise advising companies and individual directors on claims under directors’ and officers’ liability, management liability, and other financial services liability insurance products, related indemnification issues, and the placement of those policies.

She utilizes her in-depth legal expertise and strong interpersonal and negotiating skills to achieve creative, cost-effective, and highly satisfactory solutions for her clients, working with her clients, their insurance broker, and their client’s defense counsel, as well as the insurers, to achieve the client’s goals. By emphasizing a collaborative and strategic approach, the dispute can be understood as a problem to be solved rather than an adversarial situation, with correspondingly better results. Although litigation is always a viable option, Mary strives instead to convince her opposing counsel that a practical, agreed-upon solution is a better outcome for everyone concerned.

Mary is a founding member and past president of the American College of Coverage Counsel. She is a past member of the editorial boards of the ABTL Newsletter and the CGL Reporter and former editor of the “Directors & Officers Liability Insurance” chapter in the California Practice Guide Insurance Litigation. She speaks on insurance topics at professional conferences, such as those sponsored by the American Bar Association, the American College of Coverage Counsel, the National Association of Criminal Defense Lawyers, and the Association of Corporation Counsel.

Distinctions

  • Chambers USA: Insurance Policyholder - California (Ranked since 2005, Band 1 2020-2023, Senior Statesperson 2024)
  • Daily Journal “Top Women Lawyers” in California (2019)
  • Legal Momentum’s Women of Achievement Award (2016)
  • Best Lawyers in America, Insurance Law (2013-2025)
  • Northern California Super Lawyers in Insurance Coverage since (2004-2024)
  • Who's Who Legal - Insurance & Reinsurance (2017-2023)

Memberships and Affiliations

  • Past President, Founding Member of the Board of Regents, American College of Coverage Counsel, Chair of Membership Committee and Member of the Executive Committee
  • Board of Directors, past President, chair of the Diversity, Equity and Inclusion Committee, National Center for Youth Law
  • Member, Past Chair, Bar Association of San Francisco's Committee on Attorney Fee Disputes
  • Former Co-chair, Directors and Officers Subcommittee of the American Bar Association's Insurance Coverage Litigation Committee