Charles Herman is a senior advisor in Marcum's Philadelphia office and a member of the Firm's Advisory Services division and Insurance Industry Practice group. He came to Marcum in 2015 via the Firm's merger with Smart Devine, a leading full-service accounting firm in Philadelphia.
Mr. Herman has over 40 years of experience as an attorney in construction litigation and insurance litigation, including but not limited to professional liability, property, fidelity, surety and other casualty lines of insurance coverage, plus banking and brokerage house issues. While serving as a senior claims officer in the insurance industry, he was involved with claims and claims litigation and worked directly with various underwriters in drafting coverage forms. His hands-on experience ranges from small subcontractor claims to building a nuclear training school for naval personnel. Mr. Herman has handled multi-million dollar bank fraud and professional liability matters. He primarily has represented suppliers, manufacturers and some owners, developers, public agencies and lenders in public and private commercial projects.
Mr. Herman has been an arbitrator/mediator since 1966. He has chaired arbitration panels concerning multi-million dollar disputes between contractors and large school districts. He has also arbitrated and mediated numerous construction disputes involving contract terms and conditions, change orders, delays, design defects, etc. He has mediated contract disputes between manufacturers and distributors and fee disputes between counsel and clients and has participated and/or chaired numerous reinsurance arbitration panels as well as testified in reinsurance disputes.
In his ADR career, he has been chair of numerous re-insurance panels including such matters as clash coverage regarding medical malpractice cases, facultative and treaty disputes and disputes involving managing general agencies. At the turn of the century when Y2K" cases were coming to light, he chaired an arbitration panel regarding a dispute between one of the largest companies in the world and a major software company under contract to develop and install software to counteract the anticipated problems. In the mediation arena, he mediated a dispute between a major shipyard and the fabrication of one of the largest cranes in the world. He has mediated numerous employment disputes, contract disputes and construction matters.
Recently, he completed a contract in which he had been appointed by the United States Bankruptcy Court of Delaware to review and approve counsel's bill for services in a Directors and Officers Class Action Suit involving over $2 billion dollars in real estate.
- American Arbitration Association
- American Bar Association
- Association of Certified Fraud Examiners
- Defense Research Institute
- International Association of Defense Counsel
- Maryland Bar Association
- Philadelphia Surety Claims Association
- Former Editor, Bonds On Public Works, 1981-1993
- Author of Blacklisting and Debarring of Insurance Companies, American Bar Association (1976)
- Numerous presentations and articles for various publications including, Good Faith and Fair Dealing, A Brief in Review, presented to several insurance companies and The Art of Mediation, presented for Lohrman Business Systems seminar
- Participated as panelist in mediation training presented jointly by the American Bar Association and the Philadelphia Bar Association (2003)
- Wrote and participated in video training program for JAMS on the Handling of Surety Bonds and Their Coverage (2008)
- Chaired a training program on arbitration for the International Association of Defense Counsel (2007)
- Various newsletters for the International Association of Defense Counsel and for the Economics of Law Practice Division of Tort and Insurance Practice Section of the American Bar Association
AB-1958; LLB-1961 (LLB changed to JD by University in 1965)
University of Baltimore
Received awards from the American Bar Association for chairing two sub-committees of the Tort and Insurance Practice Section
Received an award from the Department of the Navy for overseeing the construction of a nuclear training facility while with a major insurance company