Mary E. McCutcheon

Insurance policyholders come to McCutcheon for counsel with complex coverage disputes.

The partner at Farella Braun + Martel LLP has a client roster that includes well-known businesses such as a venture capital firm, a clothing retailer and technology companies.

“My clients are creating new technology, they are creating new business models and without realizing it they’re also creating new risks,” McCutcheon said, adding that existing policies her clients hold may not keep up with the ever-changing nature of Silicon Valley business practices.

McCutcheon provides strategic and insurance coverage advice to San Francisco-based Lyft Inc. in a variety of underlying claims, many of which stem from serious car accidents related to the ride-hailing company’s drivers.

Kleiner Perkins Caufield & Byers relies on her counsel in disputes with its liability insurers concerning coverage for securities litigation filed against a now-bankrupt portfolio company, KPCB, its principals and an appointed board member. The case arose out of the one of largest investment losses in the history of venture capital. She is part of the team defending Kleiner Perkins, led by Michael D. Celio, a partner at Gibson, Dunn & Crutcher LLP. The matter is ongoing.

In some instances, McCutcheon’s strategic guidance can help persuade insurance companies to pay out claims without resorting to litigation.

“The challenge is that you have a policy where the insurance company might look at the claim and say ‘Oh we never meant to cover that,’” McCutcheon said. “So for me the challenge is to figure out why it is covered even though nobody thought about that particular risk when they wrote the policy.”

When insurance companies are decidedly against paying a claim, McCutcheon said she can overcome that by examining “the insurance policy language” and applying “the rules of construction that are pretty basic under California law.”

“There are times when insurance companies really dig in and it is very hard to know what is motivating that,” she said. “Is it that they’re afraid to create a precedent or they just really believe in their side of the story?”

— Carter Stoddard