Carol J. Gerner

Counsel

Carol J. Gerner

Counsel

What Makes Carol Deliberately Different

Carol is deliberately different in her ability to analyze the business and legal issues presented in her role as coverage counsel to domestic and international insurance companies on matters involving primary and excess professional liability policies, including D&O, E&O, Cyber Insurance and EPL. Her ability to understand the concerns of all parties enables her to work effectively to advance solutions to the clients’ benefits.

Overview Overview Experience Credentials

Carol Gerner represents insurance markets in Bermuda, London and domestically on a variety of coverage matters. Her professional liability experience includes providing advice to insurers as monitoring counsel on complex coverage issues, as well as negotiating resolution of coverage disputes. She has experience handling coverage matters, including directors and officers liability, employment practices liability, managed care liability, billing errors and omissions and cybersecurity.

Carol’s practice also includes advising clients in a wide range of industries on compliance issues under federal and state privacy, data protection and cybersecurity laws and regulations, and assisting clients in incident preparedness and breach response. She is a member of Sedgwick’s Cybersecurity and Privacy Practice Group. 

Publications and Presentations

  • Co-author, “CareFirst And Constitutional Standing: A Post-Spokeo Review,” Law360 (August 31, 2017).
  • Co-author, “What Steps Should Covered Entities, Business Associates Take to Combat Cyberthreats?” Corporate Counsel (July 20, 2017).
  • Contributing author, “The Insuring Agreements,” Chapter 2, and “Defense Obligations,” Chapter 5, Directors and Officers Liability Insurance Deskbook, 4th Edition, American Bar Association, Tort Trial and Insurance Practice Section (Fall 2016).
  • Co-author, “Lawyers Beware: Legal Malpractice Suit Arising out of Data Breach,” Sedgwick’s Cybersecurity Today Blog (April 28, 2016).
  • Co-author, “2016 Is OCR Audit Season: Is Your Organization Ready,” Becker’s Health IT & CIO Review (April 22, 2016).
  • Author, “Jimmy John’s — More Than Fast Delivery,” Sedgwick’s Cybersecurity Today Blog (April 22, 2016).
  • Co-author, “Illinois Breach Decisions Show It’s Not Just About Standing,” Law360 (April 21, 2016).
  • Co-author, “Data Privacy and Security — 2015 Update — Hot Topics for Insurance Claim Managers,” The Women of the Section of Litigation: Leading, Litigating and Connecting Conference, American Bar Association (November 11-13, 2015).
  • Moderator, “Hot Topics in Insurance Coverage and Claims Handling: What Issues Are Keeping In-House Claim Managers and Counsel Awake at Night?” The Women of the Section of Litigation: Leading, Litigating and Connecting Conference, American Bar Association (November 11-13, 2015).
  • Co-author, Products Liability: Illinois Practice Series, The Law of Medical Practice in Illinois, Third Edition (2007, 2008–2009, 2009–2010, 2010–2011, 2011–2012, 2013, 2014, 2015 and 2016 supplements).
  • Moderator, “Preparing a Case for Mediation vs. Trial: Differences in Strategies and Potential Implications for Insurers,” Women in the Section of Litigation Conference — Women in Insurance, American Bar Association (November 2014).
  • Co-author, “Litigating the Consent Judgment Case,” 2015 DRI Insurance Coverage and Claims Institute (March 2015).
  • Co-author, “The Problem of Payment in a Delegated-Network System,” Law360 (June 2014).
  • Co-author, “The Check’s in the Mail — Who Is Responsible for Payment in a Delegated Network System?” Sedgwick’s Healthcare Law Newsletter (May 2014).
  • Author, “The Affordable Care Act: Where Are We Now?” Sedgwick’s Healthcare Law Newsletter (May 2014).
  • Author, “It’s All in the Delivery — Proper Renewal Saves Millions,” Sedgwick’s Insurance Law Blog (February 2014).
  • Co-author, “Extra-Contractual Damages,” Chapter 18, Commercial and Professional Liability Insurance, Continuing Legal Education (2012 and 2014 Editions).
  • Co-author, “A Practical Approach to Getting Defense Costs Covered,” Insurance Coverage Litigation Newsletter, American Bar Association (December 4, 2013).  
  • Panelist, “A Practical and Winning Approach to Getting Defense Costs Covered,” Women in Insurance (WIN) CLE Workshop, American Bar Association, Chicago, IL (October 2013). 
  • Co-author, “State Law Challenges in Managed Care,” Chapter 4, Managed Care Litigation, Bureau of National Affairs, Inc. (September 2013).
  • Author, “Like a Rolling Stone — You Don’t Always Get What You Want,” Sedgwick’s Insurance Law Blog (June 2013).
  • Co-author, “Insurance Coverage Lessons in the Electronic Age,” Law360 (January 2013).
  • Co-author, “Extra-Contractual Damages,” Chapter 18, Commercial and Professional Liability Insurance, Continuing Legal Education (2012 Edition).
  • Co-author, “Practical Realities’ Argument Rejected Resulting in No Coverage for Defense Costs in SEC Investigation,” Sedgwick’s Insurance Law Update (November 2011).
  • Moderator, “Recent Developments and Trends in U.S. Employment Law,” Sedgwick’s Chicago Seminar Series, Chicago, Illinois (July 16, 2009).
  • Co-author, “Data Breaches: Rights and Responsibility,” Sedgwick’s Healthcare Law Newsletter (Winter 2011).
  • Co-author, “Healthcare Cost Wars: What’s Happening While Reform Debate Continues,” Sedgwick’s Healthcare Law Newsletter (Winter 2009/2010).
  • Co-author, “Payment Disputes in the Healthcare Industry,” Sedgwick’s Healthcare Law Newsletter (Spring 2009).
  • Author, “Healthcare and the Uninsured: Judicial Responses to Challenges by Patients,” Sedgwick’s Healthcare Law Newsletter (Summer 2008).
  • Co-author, “Illinois Discrimination Suits Now Entitled to Jury Trial,” Sedgwick's News Flash (January 2008), republished in AIG Domestic Claims Legal Insights (June 2008).
  • Co-author, “Liability Law,” Chapter 22, Law of Medical Practice in Illinois, Third Edition, Vol. 21-22 (Illinois Practice Series) Thomson West (Fall 2007).
  • Co-author, “Who’s Liable When Private Data Is Improperly Disclosed?” Sedgwick’s Healthcare Law Newsletter (Spring 2007).
  • Co-author, “HIPAA Does Not Provide Right of Action in Privacy Violation Cases,” Sedgwick’s Healthcare Law Newsletter (Spring 2007).
 

Admissions

  • Illinois
  • U.S. District Court (N.D. Ill.)

Education

  • J.D. (1981) Washington University School of Law
  • B.A. (1977) Tufts University, cum laude

Memberships and Affiliations

  • American Bar Association
  • Illinois Bar Association 
  • Chicago Bar Association
  • American Health Lawyers Association
  • Illinois Health Lawyers Association
  • Professional Liability Underwriting Society (PLUS)
  • National Association of Women Lawyers (NAWL)
  • Step Up, Chicago Chapter (a national organization whose mission is to propel girls from under-resourced communities to become confident and college bound)