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Gretchen Hoff Varner

Partner

San Francisco +1 415 591 7056

  • About
  • Representative Matters
  • Credentials
  • About

    Gretchen Hoff Varner represents a wide range of companies in high-stakes coverage litigation and arbitration and has recovered hundreds of millions of dollars from insurers. She is a noted trial lawyer who has successfully arbitrated or tried multiple insurance cases. Chambers USA ranks Gretchen as one of the leading insurance policyholder attorneys in California, and says that she is “an incredibly thoughtful and strategic adviser, a good counsellor, and is incredibly knowledgeable. She is also an excellent writer and communicator." She was one of the Daily Journal's 2017 Top 40 Under 40 Lawyers in California.

    Gretchen's trial work also reflects her commitment to public service; she led the Covington trial teams that overturned New York City's racially discriminatory stop-and-frisk policy after a three-month trial in the Southern District of New York, and challenged unconstitutional conditions for mentally ill prisoners in a Mississippi private prison.

    Gretchen represents policyholders with all types of insurance policies, and focuses on:

    • General liability insurance
    • D&O and E&O insurance, particularly related to securities claims
    • Cyber insurance, data breaches, and privacy-related losses
    • Property and business interruption insurance for catastrophic losses, including fires, hurricanes, and Covid-19
    • Trademark infringement and intellectual property losses
    • Environmental contamination and other long-tail liabilities, including product liability
    • Event cancellation
    • Bad faith, fraud, and violations of insurance regulations

    Outside the courtroom, Gretchen is a trusted advisor to corporate decision-makers and has resolved multiple high-dollar matters without the need for litigation. She is often praised for her ability to translate complex insurance concepts into practical guidance.

    She is a member of the American Law Institute, the past Chair of the Insurance Section of the San Francisco Bar Association, and a frequent speaker to industry groups and at conferences.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    General Liability

    • Representing McKesson Corporation in seeking insurance coverage for hundreds of underlying suits brought by state and county governments alleging that the company contributed to a national epidemic of opioid addiction.
    • First-chaired jury trial on behalf of major agricultural company resulting in favorable judgment, and ultimate resolution of related coverage and bad faith claims.
    • Second-chaired an insurance coverage trial on behalf of world’s largest family-owned alcoholic beverage company that resulted in a highly favorable ruling and ultimate resolution of coverage and bad faith claims.

    First Party, Property, and Business Interruption

    • Representing the policyholder in one of the largest COVID-19 business interruption cases in the country in a lawsuit brought by Ross Stores. Defeated the insurers’ attempt to obtain dismissal of the Ross Stores action.
    • Represented Clorox Company in successfully litigating claim for business interruption and bad faith stemming from supply chain losses caused by Hurricane Harvey
    • Represented world’s largest glass wine bottle producer in substantial recovery of insured losses from catastrophic glass furnace failure.

    Environmental and Product Liability

    • Representing Brooklyn Union Gas Company in litigation regarding insurance coverage for environmental cleanup costs.
    • Representing Riddell, Inc. in seeking coverage for nationwide product liability suits arising out of the use of football helmets.
    • Led arbitration for Exxon over coverage for MTBE contamination that resulted in a $25 million recovery.
    • Representing major energy company in seeking coverage for groundwater contamination caused by product issues.
    • Representing several products manufacturers in obtaining coverage for highly-publicized underlying product defect government investigations and litigations.

    Cyber, Privacy, and Data Breach

    • Representing Target Corporation in seeking coverage for highly publicized data breach losses under general liability policies.
    • Successfully obtained insurance coverage for Target Corporation’s highly publicized data breach.
    • Obtained full coverage for major internet company data breach and subsequent investigations and litigation.
    • Representing internet company in seeking coverage for lawsuits alleging violations of state privacy laws.
    • Representing financial services company in seeking coverage for FTC investigation and follow-on class action litigation.
    • Routinely advises companies in cyber policy placement, claims handling, and seeking coverage for privacy-related investigations and litigation, including data breaches.

    Trademark Infringement and Intellectual Property

    • Representing Target Corporation in seeking coverage for trademark infringement litigation.
    • Representing major internet provider in seeking coverage for lawsuits alleging copyright violations.
    • Represented world’s largest family-owned alcoholic beverage concern in obtaining insurance for Mexico trademark liabilities and U.S. trademark/trade dress litigation involving tequila bottle designs.

    D&O, E&O, Securities, and Antitrust Claims

    • Representing Komatsu Mining Corporation in cases seeking D&O coverage for federal shareholder litigation and securities claims.
    • Representing Jones Lang LaSalle in seeking D&O coverage for Delaware appraisal action.
    • Representing large integrated healthcare network seeking coverage for multiple antitrust lawsuits.
    • Routinely advises companies on D&O policy issues and coverage.

    Aviation and Marine

    • Led confidential international arbitration on behalf of a major international aviation corporation resulting in successful award of damages and recovery of attorneys’ fees.
    • Successfully obtained full coverage for losses stemming from helicopter accident on behalf of major aviation business.
    • Representing major industrial manufacturer in seeking marine cargo coverage for losses resulting from marine transport.

    Bad Faith

    • Lead counsel for Jones Lang LaSalle in claims of bad faith, waiver, and estoppel against insurer related to D&O coverage.
    • Represented Clorox Company in successfully litigating claim for business interruption and bad faith stemming from supply chain losses caused by Hurricane Harvey.
    • Represented large privately-held company in litigation against insurance agent for fraud, negligent misrepresentation, and professional negligence in procuring insurance policies.
    • First-chaired a jury trial on behalf of major agricultural company resulting in favorable judgment, and ultimate resolution of related coverage and bad faith claims.
    • Second-chaired an insurance coverage trial on behalf of world’s largest family-owned alcoholic beverage company that resulted in a highly favorable ruling and ultimate resolution of coverage and bad faith claims.
    • Led insurance coverage and bad faith litigation related to construction defects in large condominium.

    Other Areas of Litigation

    • Successfully obtained dismissal of complaint alleging violations of the False Claims Act on behalf of Gilead Sciences, Inc., in United States ex rel. Campie v. Gilead Sciences, Inc. (N.D. Ca).
    • Achieved a highly favorable settlement for the New York Stock Exchange in a widely reported SEC action involving the exchange’s dissemination of market data.

    Areas of Expertise

  • Credentials
    Education
    • Yale Law School, J.D., 2006
        • Yale Law Journal, Projects Editor
        • Yale Journal of International Law, Editor in Chief
    • Harvard University, A.B., 2000
        • magna cum laude
        • Phi Beta Kappa
        • Harry S. Truman Scholarship
    Bar Admissions
    • California
    • New York
    Judicial Clerkship
    • Hon. Richard J. Sullivan, U.S. District Court, Southern District of New York, 2007 - 2008
    • Hon. Reena Raggi, U.S. Court of Appeals, Second Circuit, 2006 - 2007
    Pro Bono
    • Lead Covington trial counsel in Floyd v. City of New York, a landmark federal class action that successfully challenged the constitutionality of the New York Police Department’s stop-and-frisk policies and practices under the Fourth and Fourteenth Amendments.
    • Represented prisoners at the East Mississippi Correctional Facility in a class action lawsuit alleging Eighth Amendment violations against the State of Mississippi.
    • Represented National Women’s Law Center in amicus brief on sexual harassment in the California court system.
    • Representing Cuban refugee in seeking political asylum.
    • Successfully obtained asylum on behalf of two unaccompanied minors from Guatemala fleeing gang and political persecution.
    • Represented plaintiffs in Harris et al. v. Atlanta Independent School System, a class action lawsuit that successfully challenged the Atlanta Independent School System’s practice of placing students in privately-run, taxpayer-funded alternative schools.
    Accolades
    • Chambers USA – Ranked as one of the top 30 policyholder lawyers in California (2020-2021)
    • Daily Journal, "Top 40 Under 40" (2017)  
    • Northern California Super Lawyers, Insurance Litigation Super Lawyer (2020)
    • Northern California Super Lawyers, Insurance Litigation "Rising Star" (2015-2018)
    • Charles C. Ruff Pro Bono Lawyer of the Year (2013)
    Memberships and Affiliations
    • American Law Institute
    • Past Chair, Insurance Coverage Section of the Bar Association of San Francisco
    • State Bar of California
    • Past President, PTA Council of Alameda
    Previous Experience
    • The World Resources Institute, Washington, DC, Program Coordinator (2000-2003)

    Areas of Expertise

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