Wm. Gerald McElroy, Jr.

Jerry is a trial and appellate lawyer handling major complex civil litigation. He has been lead counsel in litigating cases in numerous state and federal courts around the country and has been lead counsel for trials in Massachusetts, New York, New Jersey, and Illinois. In addition, Jerry has handled appellate arguments before various courts, including the First Circuit, the Third Circuit, the Seventh Circuit, the Massachusetts Court of Appeals, the Massachusetts Supreme Judicial Court, New York appellate courts, New Jersey appellate courts, and the West Virginia Supreme Court.

Jerry has represented both plaintiffs and defendants in a wide range of major cases, including employment discrimination cases, class action suits, commercial litigation, products liability litigation, administrative proceedings, reinsurance arbitrations, major subrogation cases, environmental and asbestos insurance coverage litigation, major first party property coverage cases, negligent inspection cases, bad faith litigation, and other major insurance liability coverage cases.

Jerry has participated in numerous mediations and has completed the JAMS intensive four day mediation training program.

Professional Affiliations

• Arias
• Defense Research Institute
• Massachusetts Bar Association
• American Bar Association

Noteworthy

Jerry is AV rated by Martindale-Hubbell and was named one of the Top 100 Massachusetts Super Lawyers in 2004.

Representative Matters

Obtained a $6.2 million panel award in a reinsurance arbitration involving a dispute over whether an event was a fire or boiler and machinery loss

Obtained multi-million dollar settlements in major subrogation cases

Obtained summary judgment for insurer in first-party coverage dispute over whether loss was caused by flood or electrical engineering.  The ruling was affirmed on appeal to the First Circuit.  See Continental Insurance Co. and Hartford Fire Insurance Co. v. Arkwright Mutual Insurance Company, 102 F.3d 30 (1st Cir. 1996)

Obtained defense jury verdict in federal court in New York in products liability case against baler manufacturer. Obtained directed verdict in another products liability case against baler manufacturer in state court in New York

Obtained summary judgment on behalf of liability insurers in numerous environmental coverage cases. See, e.g., Nationwide Mutual Insurance Co. v. Lafarge Corporation, et al, 1994 WL 706538 (D.Md. 1994)(Civ. A. No. H-90-2390) (liability insurance coverage case)

Obtained summary judgment on behalf of property insurer in a negligent inspection case involving a $200 million warehouse fire loss and another negligent inspection case involving an explosion

Obtained summary judgment on behalf of property insurer in a negligent inspection case involving a $200 million warehouse fire loss and another negligent inspection case involving an explosion

Obtained favorable decision by the Massachusetts Supreme Judicial Court affirming summary judgment in favor of client in case involving testing procedures.  Martin v. Factory Mutual Research Corporation, 401 Mass. 621 (1988)

Obtained jury verdict in federal court in Boston in suit against turbine manufacturer

Representation of property insurer in coverage dispute involving a claimed loss of $310 million resulting from a salt mine collapse

Representation of property insurer in coverage case arising from withdrawal of Tylenol from market after tampering. Summary judgment granted in favor of property insurer

Obtained successful settlement in first party property coverage case involving $5.4 million claim after obtaining ruling from bankruptcy court barring insured from presenting expert testimony at trial regarding key elements of the case