Brendan J. Fogarty

Brendan J. Fogarty


Born in Rhode Island, Brendan grew up in Alexandria, Virginia. After graduating from the University of Virginia, he headed West, chasing his dreams to California. Upon graduating from U.C. Hastings, Brendan started his practice in the areas of insurance coverage and bad faith defense. It was an exciting time to launch his legal career as the Loma Prieta earthquake, Oakland Hills fire, and Northridge earthquake hit in quick succession, raising many unique and complex legal issues.

In 30 years of practice, Brendan has litigated many property and liability coverage cases, with numerous jury trials, arbitrations, and appraisals. He represents insurance companies and other businesses in all aspects of litigation at both the trial and appellate levels, including complex case management, discovery, and alternative dispute resolution. He also provides coverage opinions and advises on reasonable claim handling procedures.

Brendan is active in the legal community and writes articles and gives presentations on insurance law. He enjoys time with his wife and three children and participates in a variety of sports such as mountain biking and softball.

Bar Admissions

California, 1991

U.S. District Courts of California, Central, Eastern and Northern Districts

U.S. Court of Appeals for the 9th Circuit


University of Virginia (B.A.)

University of California College of the Law, San Francisco (formerly Hastings) (J.D.)

Recent Articles

Arson and the Vacancy Exclusion,” Claims Magazine, co-author, 2016

“Arbitrating a Property Claim,” Marin Lawyer, 2016

“Policy Appraisals – Impact of the Lee Case,” Property Claims Ass’n of the Pacific Newsletter, 2015

“Vandalism Exclusion Requires Actual Ill-Will or Intent to Injure,” Property Claims Ass’n of the Pacific Newsletter, 2015

“Got Coverage? Direct Physical Loss and Fortuity Required,” Property Claims Ass’n of the Pacific Newsletter, 2010


“Policy Appraisals in California,” 2016

“Claim Handling Tips,” 2016

“Excluded Water Damage and Mold,” 2013

Professional Associations

Marin County Superior Court Discovery Facilitator

Lawyers’ Club of San Francisco’s American Inn of Court

Marin County Bar Association

Property Claims Association of the Pacific

Marin County Mock Trial Competition, Attorney Scorer

Northern California Super Lawyer, 2012-2023

Click to dismiss dialog