Mary P. Derner

Mary Derner is Of Counsel at Caulfield Law Firm. She has practiced insurance coverage law and litigation for over 30 years. Ms. Derner was recently nominated by her peers for inclusion in Sacramento Magazine’s Top Lawyers 2022 for Insurance.

Ms. Derner has represented both policyholders and carriers in complex property and liability insurance coverage matters and bad faith actions. She litigates and advises clients on commercial insurance disputes concerning property losses, construction defects, environmental contamination, business losses, bodily injury, property damage, personal and advertising injury, crime and employee dishonesty coverage, employment-related claims, consumer fraud, intellectual property, directors’ and officers’ coverage and professional liability insurance. Mary provides advice and opinions to clients and other attorneys concerning insurance coverage issues and negotiates resolution of insurance claims. She also advises policyholders in connection with the placement of coverage and negotiation and drafting of policy terms. She assists clients and attorneys in drafting and negotiating provisions relating to insurance in various types of agreements including construction contracts and leases.

Ms. Derner graduated, cum laude, from the University of California, Hastings College of Law. She graduated from the University of California, Santa Barbara, Phi Beta Kappa and with highest honors. Mary began her legal career in 1989 in the insurance coverage group of the San Francisco law firm, Bronson, Bronson & McKinnon.  She continued her insurance coverage practice at firms on the Peninsula before relocating to Santa Rosa in 1998.  There, she was a partner with Lanahan & Reilley LLP and Of Counsel with Spaulding, McCullough & Tansil until moving to El Dorado Hills and joining the Caulfield Law Firm in 2015.

Ms. Derner is admitted to practice law in all state courts in California, as well as the U.S. Court of Appeals for the Ninth Circuit and all U.S. District Courts in California.

Mary and her husband Doug live in El Dorado Hills and have three married sons.  She is a proud grandmother of four grandchildren.  She enjoys spending time with her grandchildren, traveling, reading, Giants baseball, and having family get-togethers.

Significant Matters:*

• Represented owner of grocery stores in connection with business interruption claims arising from the Paradise Fire.
• Consulted with public entities regarding insurance coverage for defense and indemnity of lawsuits including additional insured coverage.
• Secured defense of suit against business brought by former employee for harassment under “personal injury” coverage.
• Advised client on commercial crime coverage for theft of funds due to computer hacking and email spoofing.
• Provided insurance coverage advise to wineries regarding fire related property and business interruption losses.
• Represented several resort owners in resolving multi-million-dollar insurance claims with property and liability insurers arising from defective construction.
• Negotiated terms of Contractor Controlled Insurance Program for repairs of Hawaiian resort damaged by water intrusion and construction defects.
• On behalf of the property owner, drafted insurance requirements of construction contracts for $10 million renovation of a townhouse in New York and negotiated terms of owner’s property insurance policy.
• Represented liability insurer in connection with complex coverage issues involving actions arising from construction of energy plant.
• Analyzed and provided coverage advice to fuel company regarding property and liability insurance for tank leak causing contamination.
• Represented owner/builder in coverage dispute with liability insurer concerning neighbor’s action for damage caused by a landslide resulting in insurer reimbursing owner for defense fees and contributing to settlement of action.
• Provided coverage opinion to dairy regarding liability coverage for action alleging its milk product contained allergens contaminating a customer’s pediatric formula.
• Obtained policy limit settlement contribution from liability insurer on behalf of insured auto dealership resolving action.
• Represented medical device company in coverage disputes with multiple carriers regarding defense and indemnity of underlying patent infringement claim.
• Provided coverage opinion to liability insurer with respect to claim alleging insured’s pipes installed in medical facility were defectively manufactured.
• On behalf of real estate brokerage, prepared Supplemental Brief requested by Federal Court Judge regarding nationwide case law interpreting policy exclusion for deceptive business practices resulting in Court ruling exclusion was inapplicable.
• Advised Plaintiff’s counsel in construction defect action regarding insurance coverage for defendant general contractor resulting in settlement.
• Provided coverage opinion and advice to security company with respect to personal injury action brought by its employee against security company’s retail client.

*By identifying past results, Caulfield Law Firm in no way implies or guarantees that any prospective client will receive a similar result, or for that matter, will prevail in any particular matter handled by Caulfield Law Firm.