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John F. McCarrick Partner

Chair, Financial Lines Group
New York, NY | Direct 212.714.3072Fax 914.487.7326
Westchester County, NY | Direct 914.487.7342
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John McCarrick has been practicing law for 30 years, and throughout that period of time, has devoted his practice to the management and resolution of complex, multi-party disputes. John has been involved in the defense and resolution of myriad D&O liability matters, including many of the most significant lawsuits and financial crises impacting publicly-traded companies, financial institutions and professionals, both in the United States and internationally, over the past three decades. During this period of time, John has participated in hundreds of mediations, as well as direct settlement negotiations and direct litigation, involving claims against companies and their directors and officers and professional advisors for economic losses sustained by constituents, customers and clients.  

John’s clients include D&O and professional liability insurers, public and private companies and their directors and officers, as well as insurance brokers. His work on clients’ behalf primarily focuses on managing and resolving difficult, complex and sensitive claims. He is very knowledgeable about management and professional liability insurance policies, as well as the underwriting and risk management issues that drive a profitable portfolio of underwritten business. His breadth of knowledge and experience extend to the substantive liability and damages issues that arise in claims under D&O and professional liability policies. John brings this knowledge to bear in litigation strategy, as well as settlement and resolution discussions, in his representation of both D&O insurers and companies and their directors and officers. This knowledge and experience also have proven useful in John's work negotiating settlements under reps and warranties insurance contracts. 

No successful settlement outcome is possible without a constructive and trusting relationship between the negotiating parties, and John’s legal career and practice reflect his commitment to this approach. John is widely-known in D&O and professional liability circles for the strength and endurance of his wide range of relationships, including mediators, plaintiff and defense counsel, insurance intermediaries, policyholder counsel, and insurers and their outside counsel. The strength and durability of these relationships help John navigate through difficult and tense negotiations, facilitate complex issue resolution and identify creative solutions to thorny and sensitive issues that otherwise create potential obstacles to settlement. 

Representative Matters

Throughout his career, John has worked on a number of high-profile matters involving many internationally known companies including:

BearingPoint | Broadcom | Citigroup | Computer Sciences Corp. |  
Credit Suisse | Del Monte | Deutsche Bank | Duke Energy |
Edison International | E*TRADE | Enron | Facebook | Fannie Mae |
Freddie Mac | Goldman Sachs | Groupon, Inc. | Halliburton | 
HCA Holdings | HSBC | IPO Laddering | JP Morgan | Kinder Morgan | 
Las Vegas Sands | Lehman Brothers | Lender Processing Services | 
Lukoil | Lyondell | Merck | Merrill Lynch | MF Global | Morgan Stanley |  
Pfizer | Primedia, Inc. | Refco | Sprint | SunTrust | Tribune Corp. |  
Wachovia | Washington Mutual | Wedtech Corp. | WorldCom

  • Isilon v. Twin City Fire Ins. Co., et al., Case No. 10-01392 (W.D. Wash. April 10, 2012), (granting insurer’s motion for partial summary judgment in connection with the breach of contract and violations of the Consumer Protection Act causes of action asserted in a bad faith litigation); represented an insurer in a bad faith litigation arising out of the insurer’s denial of coverage based on misrepresentations in the application for insurance for a directors and officers liability insurance policy; the court granted partial summary judgment, dismissing the plaintiff’s claims for breach of contract and violations of the Consumer Protection Act because the insurer demonstrated that the insured could not establish damages.
  • Executive Risk Indem. Inc. v. Pepper Hamilton LLP, 2008 WL 6808243 (Trial Order) (N.Y.Sup. Jan 29, 2008), rev'd by 56 A.D.3d 196, 865 N.Y.S.2d 25 (1 Dep't Sep 23, 2008), affirmed as modified by 2009 WL 3347222, 2009 N.Y. Slip Op. 07453 (N.Y. Oct 20, 2009) (granting insurers' summary judgment motions on prior notice exclusions in a lawyers professional liability policy)
  • Schwartz v. Twin City Fire Ins. Co. et al., 492 F.Supp.2d 308 (S.D.N.Y. 2007) judgment affirmed by 539 F.3d 135 (2nd Cir.(N.Y.) Aug 19, 2008). (granting primary D&O insurer's post-trial motion to dismiss D&O excess insurers' cross-claims for bad faith)
  • Indotronix International Corp. v. Twin City Fire Ins. Co., No. 06 Civ. 2688 (S.D.N.Y. April 30, 2007) (finding after inquest on insured's claim for reimbursement of $520,000 incurred in defense costs and expenses, that only $117,000, after application of $100,000 SIR, were reasonable and necessary and therefore recoverable from D&O insurer)
  • CNL Hotels & Resorts, Inc. v. Twin City Fire Insurance Company, et al. 06 CV 324, Order 113 (MD FL October 16, 2006) (granting insurer's motion to dismiss bad faith claim under Florida law because the insured had not first established that coverage was available for the claim in question)
  • Vigilant Insurance Co. v. Credit Suisse First Boston, 10 A.D.3d 528, 782 N.Y.S.2d 19 (App. Div. 1st. Dept. 2004) (affirming trial court and extending ruling to also exclude coverage for defense costs associated with uncovered claim)
  • Vigilant Insurance Co. v. Credit Suisse First Boston, 2003 NY Slip Op 51747(U) (Sup. Ct. N.Y. County, July 8, 2003) (settlement of regulatory claim for disgorgement is disgorgement of ill-gotten funds and therefore uninsurable)
  • Local 705 Int'l Brotherhood of Teamsters Health & Welfare Fund v. Five Star Managers, LLC, slip op. No. 98 CH 7109 (Ill. App. 2000) (repayment of monies to pension fund does not constitute insurable loss under fiduciary liability policy)
  • Macmillan, Inc. v. Federal Insurance Co., 741 F. Supp. 1079 (S.D.N.Y. 1990) (actual indemnification by corporation a condition precedent to corporation's right to sue to enforce Side B coverage)
  • Wedtech Corp. v. Federal Insurance Co., 740 F. Supp. 214 (S.D.N.Y. 1990) (addressing severability issues implicated by rescission of D&O policy)

Recognition & Involvement

Aside from his legal practice, John is the co-founder of Grateful Nation Montana, Inc., a nonprofit organization that provides college scholarships and outreach services to children of Montana soldiers killed on active duty in Iraq or Afghanistan. Working with the Montana University System, Grateful Nation Montana works to provide these children with the financial support and outreach guidance necessary for a successful college experience.

In recent years, John developed several annual charitable events for the professional liability insurance industry, including the St. Thomas Charity Golf Classic, the Statesman Dinner and the D&O Debate, which collectively have raised several hundred thousand dollars for charitable causes, including monies used to build a community center for the Gros Ventres and Assiniboine Native American communities in Lodgepole, Montana and other community projects. John continues to work with local Montana community interest and fundraising groups on development projects benefiting the Ft. Belknap Reservation.

John also has been active in pro bono efforts, and co-founded Miracle Kids in 2003 to deliver food and medical supplies to hospitals and orphanages in Belarus and Russia. As part of the Miracle Kids pro bono project, John worked with the Belarussian Ambassador and staff in Washington, D.C. and with Canadian officials to facilitate these relief efforts. 

John was selected in a survey of his peers as a New York Metro "Super Lawyer" from 2016 through 2018. 



Bar and Court Admissions

New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of New York


Georgetown University Law Center, JD, 1985

Manhattan College, BA, 1981 


Professional Liability Underwriting Society

Union League Club of New York

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