Lawyer Bio : Garth A. Gersten

Garth A. Gersten is Of Counsel to Womble Carlyle Sandridge & Rice, PLLC, in its Raleigh, North Carolina office, where his practice is concentrated on insurance coverage, representing and advising policyholders and insurers. Gersten is focused on having policyholder clients be proactive with their insurance program. To that end, he reviews existing insurance programs for policyholders and advises on gaps and overlaps. He received his J.D. in 1986 from Hastings College of the Law in San Francisco, California. He initially practiced in California representing major insurers, providing advice, and handling bad faith and declaratory judgment litigation, including several large pollution and construction defect cases. Since moving to North Carolina, he continues to represent insurers and also represents policyholders in their disputes with insurers, and is a frequent presenter at insurance coverage seminars.

Gersten is a member of the North Carolina State Bar, an inactive member of the State Bar of California, and admitted to practice in North Carolina, Illinois, the United States Court of Appeals for the Fourth and Ninth Circuits and the United States District Courts in California and North Carolina. Gersten also has taught Appellate Advocacy at Golden Gate University School of Law in San Francisco.

Garth Gersten serves on WCSR's Pro Bono Committee and is active in pro bono matters. He received a Defender of Justice Award in 2003 from the North Carolina Justice and Community Development Center for his work in litigation with the State of North Carolina over dental access issues for children under Medicaid. Garth has been selected for Best Lawyers in America for his work in insurance law.

Reported Cases
Satorre v. New Hanover County Bd., 598 S.E.2d 142 (2004), holding that County was immune from litigation over claims of injury from exposure to mold based on absence of insurance coverage for the claims.

In re Ivey, 156 N.C.App. 398 (2003) holding that hearsay and documentary evidence may be used to support termination of parental rights.

In re Stratton, 153 N.C.App. 428 (2002) holding that parents who had custody of children terminated were unable to raise religious objection to vaccination.

Antrican v. Odom, 290 F.3d 178 (4th Circuit 2002), holding that class of children who were Medicaid recipients could pursue claims for deprivation of rights based on lack of dental care under state Medicaid program.

Groves v. Travelers, 354 N.C.. 206 (2001) defeating claim for emotional distress based on how workers compensation claim was handled.

St. Paul v. Hanover, 187 F.2d 584 (E.D.N.C. 2000), defeating claim for coverage for general contractor as additional insured under subcontractor’s insurance policy based on claim of injury during construction.

Groves v. Travelers, 139 N.C.App. 795 (2000) defeating claims for bad faith, breach of contract and fraud for handling of workers compensation claim.

Connecticut Indemnity Co. v. Carrier Haulers, Inc., 197 F.R.D. 564 (W.D.N.C. 2000); permitting production of claims files over work product objections.

Progressive American Ins. Co. v. Vasquez, 350 N.C. 386 (1999). Successful reversal of Court of Appeals decision, resulting in finding that umbrella policy did not provide underinsured motorist benefits.

Shell Oil v. Accident Casualty, et al. (1993) 12 Cal.App.4th 715. Successful affirmation of jury verdict in favor of client. Decision established standards on several issues relating to insurance coverage for environmental claims, including definitions of “expected” and “sudden”, burdens of proof, characterizations of CERCLA response costs, and application of “owned property” exclusion.

Mock v. Michigan Millers Mutual Ins. Co. (1992) 4 Cal.App.4th 306. Successful reversal of bad faith punitive damage award. Decision established standards for punitive damage awards in first party “bad faith” cases.

Watters v. Superior Court (Gardco). (1991) 227 Cal.App.3d 1341. Successful reversal of denial of demurrer, resulting in entry of judgment in favor of client. Decision established standards for contribution claims between special and general employees.

Watters v. Superior Court (Conley). (1990) 218 Cal.App.3d 1322. Successful reversal of denial of demurrer, resulting in entry of judgment in favor of client. Decision established standards for application of “power press” exception in California workers compensation system to temporary employment agencies.