Insurance

Recent News:

Litigation likely to flow from EPA’s latest ‘forever chemicals’ regulation

John R. Ewell was quoted in the article “Litigation likely to flow from EPA’s latest ‘forever chemicals’ regulation” by Business Insurance.

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Cozen O’Connor represents major domestic and foreign insurers on a worldwide basis and is a recognized leader in insurance law. With nearly 200 top insurance attorneys, Cozen O’Connor fields arguably the most sophisticated insurance law department of any firm in the United States.

Underwriters and claims handlers need counsel with deep industry knowledge and allegiance. Complex regulations, consolidation, and increasing litigation are just a few of the challenges insurers face. Cozen O’Connor is prepared to help insurance clients meet the demands of this fast-paced, high-stakes marketplace.

Underlying Cozen O’Connor’s special relationship with the insurance industry is our dedication to providing a truly full-service practice. Our attorneys operate in a vast range of critical specialties in hundreds of jurisdictions. With offices in 31 cities across the U.S., as well as in London and Toronto, Cozen O’Connor is able to provide counsel on a state-by-state, national and international basis.

Litigation. Cozen O’Connor represents insurers in complex coverage and bad faith disputes regarding virtually all lines of personal and commercial insurance. Our attorneys have served as lead trial counsel or national coordinating counsel in some of the largest coverage cases in recent memory, including Superstorm Sandy, the  9/11 attacks and the Deepwater Horizon oil spill. The firm is also a world leader in the area of subrogation, successfully recovering in excess of $200 million on behalf of our clients on an annual basis.

Business Transactions. Cozen O’Connor provides practical strategic advice to underwriters on regulatory compliance, corporate governance, major transactions, and the launch of new business organizations. We lead mergers, acquisitions, and entity creation; license and register industry participants; handle regulatory filings and contract negotiations; and structure alternative risk mechanisms, including captives, risk retention groups, and self-insurance plans.

Regulatory. Few industries are as heavily regulated as insurance. We advise on compliance, advertising, statutory reporting, receiverships, director and officer fiduciary duties, and board operations. Our attorneys regularly design corporate policies for insurers on privacy, document retention, codes of ethics, conflicts of interest, anti-fraud, subrogation policies, and claims handling. And we offer specific counsel on insurance topics, including investment restrictions, holding company matters, premium tax, surplus notes, premium financing, statutory deposits, and McCarran-Ferguson antitrust rules.

The Cozen O’Connor Insurance Industry Team includes fellows in the American College of Trial Lawyers, International Academy of Trial Lawyers and American College of Coverage and Extra-contractual Counsel. Numerous individual lawyers and insurance-related practice groups have received the highest rankings by Chambers & Partners and other independent legal publications. Our insurance attorneys publish and lecture widely, and several have authored frequently cited insurance law treatises.

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Experience

Publications

Claims Notes: March, 2024

March 26, 2024

Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.

Texas Insurance Ruling Could Restore Finality To Appraisal [Law360]

March 06, 2024

Law360 published the “Texas Insurance Ruling Could Restore Finality To Appraisal” Expert Analysis column written by Karl A. Schulz.

Texas Panhandle Wildfires [Alert]

February 29, 2024

Suzanne Radcliff provides information on six wildfires, including the massive Smokehouse Creek wildfire, that are burning in the Texas panhandle.

Claims Notes

February 27, 2024

Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.

The End of a “Forever War”? Texas Supreme Court Answers Certified Question Concerning Appraisal [Alert]

February 13, 2024

Karl Schulz reviews a Texas Supreme Court finding on a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts.

The CLM Magazine Features Vincent Passarelli’s Thoughts on Recent Kansas Decision

January 03, 2024

Vincent Passarelli’s analysis of the recent Kansas decision from the Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC case was featured in the CLM National December 2023 column.

Quirk in law allows defense attorneys to 'literally' remove cases to federal court

November 09, 2023

David A. Shimkin published the article “Quirk in law allows defense attorneys to 'literally' remove cases to federal court” for Westlaw Today.

District of Maryland Rejects ACV Standard for Property Damages in Fire Case [Alert]

November 02, 2023

Michael O'Donnell discusses a recent decision from the U.S. District Court of Maryland that subrogating plaintiffs may recover the full cost of repairs to property damaged by fire, even if the cost exceeds the property's value before the loss.

Extreme Weather And Renewable Project Insurance Coverage

October 18, 2023

Law360 published the “Extreme Weather And Renewable Project Insurance Coverage” Expert Analysis column written by Paul Ferland and Joshua Tumen.

Cozen O'Connor Adds Insurance Attorneys In LA, Houston

October 17, 2023

Law360 covered the recent expansion to the firm’s insurance litigation practice by adding Julie E. Van Wert, David M. Berke, Jerome P. Doctors, and Rangi Perera in Los Angeles and Christopher Tramonte in Houston.

Impact of Climate Change on Coverage under Builder’s Risk Insurance Policies for Renewable Energy Projects

September 22, 2023

Paul C. Ferland and Joshua Tumen contributed the practice note “Impact of Climate Change on Coverage under Builder’s Risk Insurance Policies for Renewable Energy Projects” for Lexis+ and Practical Guidance Insurance.

1st Circ. Harvard Ruling Provides Primer On Policy Provisions

September 11, 2023

Andrew S. Paliotta wrote the expert analysis column titled “1st Circ. Harvard Ruling Provides Primer On Policy Provisions” for Law360.

Whirlpool Fined $11.5M for Failing to Notify of Faulty Cooktops [Alert]

August 28, 2023

The U.S. Consumer Product Safety Commission approved a settlement with Whirlpool, which will pay $11.5 million in civil penalties.

1.56 Million Additional Gree Manufactured Dehumidifiers Have Been Recalled For Fire Hazards [Alert]

August 21, 2023

Close to 10 million dehumidifiers have been recalled in the last 10 years. Most recently, Gree announced a recall of 1.56 million Gree-manufactured dehumidifiers.

Oregon Legislature Falls Short On Passage of Statutory Bad Faith Cause of Action [Avoiding Insurance Bad Faith Blog]

June 29, 2023

In an unexpected and last minute turn of events, the Oregon legislature failed to pass a final-stage version of House Bill 3242 before its regular session adjourned on June 25, 2023 for the remainder of the year. Generally, if HB 3242 had been promulgated into law, it would have opened the door to...

FDCC’s Friday Five: Contractual Limitations on Umbrella Coverage and the Texas Supreme Court: Umbrella Policy Coverage Extended Beyond Service Contract Requirements

June 20, 2023

Melissa Brill and William H. Craven wrote the article, "Contractual Limitations on Umbrella Coverage and the Texas Supreme Court: Umbrella Policy Coverage Extended Beyond Service Contract Requirements” that was featured in the Federation of Defense & Corporate Counsel’s Insurance Coverage Section of the Friday Five Newsletter.

Should I Stay or Should I Go? Recent Developments and Special Situations Impacting Removal in Insurance Cases

May 10, 2023

Stephen P. Pate co-authored the article, “Should I Stay or Should I Go? Recent Developments and Special Situations Impacting Removal in Insurance Cases” for the Defense Research Institute’s (DRI) May issue of For The Defense.

Limitations of Time and Notice Requirements for Commencement of Actions [Jurisdictions Comparative Chart]

April 18, 2023

Limitations of Time and Notice Requirements for Commencement of Actions - Jurisdictions Comparative Chart

Insurance Coverage for Construction Defect Claims Made Simple

April 01, 2023

John R. Ewell co-authored the article, “Insurance Coverage for Construction Defect Claims Made Simple” for the American Bar Association (ABA) Spring 2023 edition of The Brief magazine.

Fast & Furious Tort Law Changes in Florida [Alert]

March 30, 2023

House Bill 837, “Civil Remedies,” focuses on bad faith litigation and attorney’s fee awards, and makes two important changes for negligence cases.

How Courts Are Clarifying D&O Policies' Bump-Up Provisions

February 14, 2023

Andrew S. Paliotta wrote the expert analysis column titled, “How Courts Are Clarifying D&O Policies' Bump-Up Provisions” for Law360.

Seventh Circuit Affirms Insurers’ Application of Bump Up Provision to Exclude Coverage [Alert]

January 26, 2023

The U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s holding that a settlement with various shareholder lawsuits met the definition of an “inadequate consideration claim” in a public company D&O policy and did not constitute a covered loss.

Illinois Supreme Court Curtails Tenant Implied Co-Insured Precedent

December 06, 2022

The Court reversed the decision that an insurer would have to defend a rental property’s tenants against a third-party negligence claim arising from a fire.

Seventh Circuit Affirms Ruling that Notice of Amended Complaint was Untimely [Alert]

November 15, 2022

In R.W. Dunteman, the court rejected the insureds’ arguments as undermining the purpose and ordinary operation of claims-made insurance.

Significant D&O Cases From the First Half of 2022

September 22, 2022

Gary L. Gassman and Stephanie A. Nashban wrote the article “Significant D&O Cases From the First Half of 2022” for Westlaw Today.

Business Insurance’s Up Close Column with Gary Gassman

September 16, 2022

Gary L. Gassman was featured in Business Insurance’s Up Close column, commenting on the insurance industry’s outlook and challenges, his advocacy for the LBGTQ+ community, and a look into his personal life, hobbies, etc.

NY Insurance Ruling Reveals Limits of Contra Proferentem

August 05, 2022

John Ewell co-authored the article "NY Insurance Ruling Reveals Limits of Contra Proferentem" for Law360.

Eleventh Circuit: Jury Instruction About Notice to Insured of Settlement Demand Was Required (Florida) [Avoiding Insurance Bad Faith Blog]

July 20, 2022

In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed to instruct a jury that an insurer not only owed a duty to settle claims for its insured, but also owed a duty to advise its...

Top Bad Faith Cases of 2021

July 12, 2022

Michael W. Melendez and Chad A. Pasternack wrote the article “Top Bad Faith Cases of 2021” for Westlaw Today.

Under Texas Law, No Tender Means No Obligation To Defend [Avoiding Insurance Bad Faith Blog]

June 30, 2022

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands a defense. Moreno v. Sentinel Ins. Co., Ltd., 35 F.4th 965, 975-77 (5th...

Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'

June 30, 2022

Alycen A. Moss and Elliot Kerzner wrote an expert analysis column titled, “Property Insurance Coverage Can Hinge On 'Riot' Or 'Protest'” for Law360.

Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability [Avoiding Insurance Bad Faith Blog]

June 28, 2022

In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under Texas law.[1] In applying that framework to the facts of the case, the Court rejected an attempt to expand an insurer’s obligations under existing...

Intentional Act Without Intent to Harm May Not Be an Occurrence [Alert]

May 27, 2022

A California appellate court recently ruled that an intentional act may not be an "occurrence" even when there is no intent to cause harm.

Coverage Issues Regarding Riots, Civil Commotion, and Curfews

May 26, 2022

Alycen Moss and Elliot Kerzner co-authored the article “Coverage Issues Regarding Riots, Civil Commotion, and Curfews” for the Spring 2022 issue of the Federation of Defense & Corporate Counsel’s Insights magazine.

California Court of Appeal: Insurers Not Liable Under the California Insurance Frauds Prevention Act [Avoiding Insurance Bad Faith Blog]

May 03, 2022

In its recent decision, People ex rel. Ellinger v. Magill, et al., ---Cal.Rptr.3d---, No. E076378, 2022 WL 1077988 (Cal. Ct. App., Mar. 18, 2022), the California Court of Appeal refused to extend liability under California’s Insurance Frauds Prevention Act (IFPA) to an insurer’s claims handling...

Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute [Avoiding Insurance Bad Faith Blog]

April 29, 2022

A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property and Casualty Insurance Policy Simplification Act (“PSA”). The...

Ten from '21 — The Top Ten Property Insurance Decisions from 2021

April 21, 2022

Alycen Moss and Stephen Pate wrote the article, "Ten from '21 — The top ten property insurance decisions from 2021," published by Westlaw Today.

Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard [Alert]

March 21, 2022

Angelo Savino and Ethan Price-Livingston discuss the decision in First Solar, Inc. v. Natl. Union Fire Ins. Co.

Eleventh Circuit (Florida):  No Bad Faith for Investigating Claim [Avoiding Insurance Bad Faith Blog]

March 01, 2022

On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had operated in bad faith with respect to its handling of a wrongful death claim...

COVID-19 and Event Cancellation Claims: Post-pandemic Developments [Practical Guidance]

February 03, 2022

Paul Ferland examines event cancellation coverage in general to identify the issues that will be at the forefront of legal disputes in the coming years.

New Statute May Spell Trouble for New Jersey Insurers [Avoiding Insurance Bad Faith Blog]

January 26, 2022

On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New Jersey Insurance Fair Conduct Act,” which allows motorists to sue their insurance companies over “unreasonably” late or denied coverage benefits and unfair settlement practices. The bill, passing through both...

Business Interruption Insurance: Post-Pandemic Litigation Developments [Practical Guidance]

January 18, 2022

Donnie Apodaca contributed a practice note in LexisNexis Practical Guidance.

Circuit Split Cracks the Foundation of Illinois Brick: The Co-Conspirator Exception’s Circuit Split Exposes Need to Overturn Illinois Brick’s Indirect Purchaser Rule But Uphold Hanover Shoe

November 25, 2021

Stephen Kerstein published the article “Circuit Split Cracks the Foundation of Illinois Brick: The Co-Conspirator Exception’s Circuit Split Exposes Need to Overturn Illinois Brick’s Indirect Purchaser Rule But Uphold Hanover Shoe” for the Industrial Organization: Regulation, Antitrust & Privatization eJournal Vol. 13, Issue No. 136.

Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and Damages under the Texas Prompt Payment of Claims Act [Avoiding Insurance Bad Faith Blog]

August 20, 2021

Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and extracontractual liability to the insured. See, e.g., Garcia v. State Farm Lloyds, 514...

Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly [Avoiding Insurance Bad Faith Blog]

July 23, 2021

Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430 (July 21, 2021). Landry’s...

Iowa Supreme Court Rejects Restaurant’s Allegations of Bad Faith and Breach of Contract After Appraisal [Avoiding Insurance Bad Faith Blog]

June 08, 2021

The Iowa Supreme Court recently reversed the appellate court’s denial of an insurer’s motion for a directed verdict, finding that United Fire did not breach the insurance policy and did not commit bad faith during a property appraisal. Luigi’s, Inc. v. United Fire and Cas. Co., No. 19-1669, ---...

Lack of Notice No Excuse for Failure to Settle [Avoiding Insurance Bad Faith Blog]

May 28, 2021

An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No. S21Q0227 (Ga. April 19, 2021). In Whiteside, the Georgia Supreme Court held...

Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California [Avoiding Insurance Bad Faith Blog]

May 19, 2021

Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual coverage based entirely on how the insurer handled the claim. But under...

A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle [Avoiding Insurance Bad Faith Blog]

April 27, 2021

On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, found that a jury must specifically find unreasonable acts by an insurer to support a “failure to settle” bad faith finding. Pinto v. Farmers Ins. Exch., No. B295742, __ Cal. App. 5th __, 2021 WL...

Tips for Avoiding First-Party “Bad Faith” in Illinois [Avoiding Insurance Bad Faith Blog]

April 21, 2021

Illinois does not recognize bad faith as an independent tort. In the first-party context, bad faith is a purely statutory construct which hinges upon whether an insurer’s conduct was “vexatious and unreasonable.” Section 155 of the Illinois Insurance Code (215 ILCS 5/155) provides the exclusive...

Recent Bad Faith Cases Regarding Reasonableness of Medical Treatment [Avoiding Insurance Bad Faith Blog]

April 19, 2021

In two recent cases, the courts showed substantial deference to patients’ treating physicians in determining the reasonableness of medical treatment. This deference appears to reflect a reluctance of courts to decide what healthcare is appropriate for a patient. In Peterson v. Western National...

Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes

March 29, 2021

Michael Melendez and Rebekah Shapiro discuss a recent California Appeals Court decision in Planet Bingo LLC v. Burlington Ins. Co., and what it means for liability insurers.

Navigating Mortgage Holder Coverage Issues When the Insured Property Owner Forfeits Coverage

February 01, 2021

John R. Ewell co-authored the article, “Navigating Mortgage Holder Coverage Issues When the Insured Property Owner Forfeits Coverage” for the American Bar Association (ABA) Winter 2021 edition of The Brief magazine.

What Public Adjusters Can and Cannot Do Under Texas Law

October 10, 2020

Karl A. Schulz wrote the article, "What Public Adjusters Can and Cannot Do Under Texas Law" for the State Bar of Texas' Fall 2020 Journal of Consumer and Commercial Law.

Damage Jurisdictional Chart - 50 State Survey of Measure of Damages For Injury to Real and Personal Property [Jurisdictions Comparative Chart]

June 05, 2020

50 State Survey of Measure of Damages For Injury to Real and Personal Property - Jurisdictions Comparative Chart - This chart provides a general overview of the case law addressing the measure of damages for property damage in all 50 states as well as the District of Columbia.

Insurer May Not Intervene Into Insured’s Construction Defect Trial To Seek Allocation of Damages [Alert]

June 03, 2020

Tracy Eggleston and Denise Bessellieu discuss the state Supreme Court's decision in Builders Mut. Ins. Co. v. Island Pointe, LLC, and what insurers need to know.

COVID-Driven Commercial Litigation – What Businesses Can Expect

May 08, 2020

Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.

Finding the Line: The Relationship Between Privacy and Smartphone Applications

November 01, 2019

James Kuritzkes wrote the article "Finding the Line: The Relationship Between Privacy and Smartphone Applications" for the Wake Forest Journal of Business and Intellectual Property Law.

Ninth Circuit (California): Hamas Attacks on Israel Do Not Trigger the War Exclusions [Alert]

July 22, 2019

Joe Ziemianski, Irene Yesowitch, and Sam Stalker discuss the Circuit Court's decision in Universal Cable Prods., LLC v. Atlantic Specialty Ins. Co. and what it means for insurers in and out of California.

Texas Supreme Court Identifies Claims that Survive the Payment of an Insurance Appraisal Award [Alert]

July 17, 2019

Donnie M. Apodaca, II, Stephen Pate, and Alicia G. Curran discuss two recent the Supreme Court of Texas’s decisions and considerations for insurers before they invoke appraisal and pay the appraisal awards.

Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them [Alert]

July 08, 2019

Christopher S. Clemenson and John Daly discuss the instructions from the Colorado Supreme Court and how it may create a number of new disputes between insurers and their insureds during, and after, the appraisal process.

Product Liability Special Alert: Lease Runs Out on “Rental Market” Exception to Defense of Strict Liability Design Defect Claims

May 19, 2019

John Ewell co-authored the article "Product Liability Special Alert: Lease Runs Out on “Rental Market” Exception to Defense of Strict Liability Design Defect Claims" for Lexology.

Events & Seminars

Upcoming Events

Which side are we on? Practical and Ethical Considerations When Insurer-Side Firms Represent Policyholder Clients

May 10, 2024 - Chicago, IL

Alycen A. Moss will speak on the panel “Which side are we on? Practical and Ethical Considerations When Insurer-Side Firms Represent Policyholder Clients” at the American College of Coverage Counsel (ACCC) Annual Meeting in Chicago, Illinois.

Impact of Climate Change on Coverage Under Builder’s Risk Insurance Policies for Renewable Energy Projects

May 07, 2024 - Webinar

Paul C. Ferland and Joshua Tumen will present a Cozen O'Connor webinar titled "Impact of Climate Change on Coverage Under Builder’s Risk Insurance Policies for Renewable Energy Projects."

Defending Transportation Claims with a Focused and Coordinated Defense from Day One

May 03, 2024 - Rio Grande, Puerto Rico

Stephanie Chesney will moderate and Alycen A. Moss will be a panel member on the “Defending Transportation Claims with a Focused and Coordinated Defense from Day One” panel at the Transportation Lawyers Association’s Annual Conference in Rio Grande, Puerto Rico.

Past Events

Top Property Cases of 2023

March 20, 2024 - Webinar

Women Leaders Blazing a Trail in Atlanta

March 12, 2024 - Atlanta, GA

2023 Bad Faith Year in Review

February 14, 2024 - Webinar

Food Recall Claims and Insurance Issues

November 15, 2023 - Webinar

The MCS-90 Endorsement

November 08, 2023 - Webinar

Wrongful Death

October 24, 2023 - Albany, NY

How to Handle the Tough Situations?

October 23, 2023 - Philadelphia, PA

2023 Professional Liability Seminar

September 28, 2023 - New York, NY

TIPS & YLD Section Conference

May 03, 2023 - New York, NY

2022 Bad Faith Year in Review

April 26, 2023 - Webinar

2023 CLM Annual Conference

March 29, 2023 - Tampa, FL

Top Property Cases of 2022

March 22, 2023 - Webinar

Consent Judgments: A Guide for Adjusters

March 20, 2023 - Orlando, FL

Additional Insureds and Contract Indemnity

February 15, 2023 - Webinar

Food Safety: It's Not Just a Gut Feeling

February 01, 2023 - Austin, TX

The FDCC’s Insurance Industry Institute (I-3)

November 10, 2022 - New York, NY

The FDCC’s Property Boot Camp

November 09, 2022 - New York, NY

Bad Faith and Extracontractual Damages

October 25, 2022 - Webinar

2022 Professional Liability Seminar

September 15, 2022 - New York, NY

Anatomy of a Consent Judgment

August 17, 2022 - Webinar

Duty to Settle

July 12, 2022 - Webinar

A Day in the Life of In-House Counsel

June 24, 2022 - Atlanta, GA

Beyond Bad Faith

May 18, 2022 - Webinar

Recent Developments Concerning Molestation Claims

April 28, 2022 - Baltimore, MD.

Bad Faith 2021 Year in Review

April 27, 2022 - Webinar

Top Property Cases of 2021

March 16, 2022 - Webinar

Combating the Anchoring Effect

February 24, 2022 - Webinar

In The News

Litigation likely to flow from EPA’s latest ‘forever chemicals’ regulation

April 16, 2024

John R. Ewell was quoted in the article “Litigation likely to flow from EPA’s latest ‘forever chemicals’ regulation” by Business Insurance.

Alycen Moss Reappointed to Law360’s Insurance Authority Property Editorial Advisory Board

March 20, 2024

Alycen Moss, co-vice chair of Cozen O'Connor's Global Insurance Department, has been named one of Law 360's 2024 Insurance Authority Property Editorial Advisory Board members for the third year.

Leading Lawyers Network Recognizes 19 Cozen O’Connor Lawyers as Top Illinois Practitioners

March 05, 2024

Ira Bodenstein, Jack Carriglio, Janet Davis, John Dunn, Mitch Edlund, Wendy Enerson, Gary Gassman, Tia Ghattas, Jeremy Glenn, Erin Bolan Hines, Mark Rabinowitz, Peter Roberts, Brian Shaw, Joseph Tilson, Julie Trester, Peter Valeta, Anna Wermuth, and Brian Williams were recognized as Leading Lawyers, Christina Sanfelippo was recognized as an Emerging Lawyer.

John Ewell Discusses New York’s Approach to Regulating Insurers’ AI Risks [Bloomberg Law]

January 29, 2024

John R. Ewell was quoted in the article “New York Takes ‘Gingerly’ Approach Regulating Insurers’ AI Risks” by Bloomberg Law.

General Liability Cases To Watch In 2024

January 04, 2024

John R. Ewell was quoted in the Law360 article “General Liability Cases To Watch In 2024.” The article focuses on some significant commercial general liability coverage decisions predicted for the first half of 2024.

Biggest General Liability Rulings From 2023's Second Half

January 04, 2024

John R. Ewell was quoted in the Law360 article “Biggest General Liability Rulings From 2023's Second Half.” The article discusses thought-provoking rulings in coverage disputes involving some hotly debated issues in the second half of 2023.

The Top Environmental Insurance Trends Of 2024

January 04, 2024

John R. Ewell was quoted in the Law360 article “The Top Environmental Insurance Trends Of 2024.” The article looks at a few of the most important environmental stories in insurance over the past year, while considering how things might shape up in 2024.

Cozen O’Connor Attorney Gary Gassman recognized among Crain's “Notable Leaders in Diversity, Equity and Inclusion”

October 02, 2023

(Chicago, October 2, 2023) … Cozen O’Connor attorney Gary Gassman, co-vice chair of the firm’s Global Insurance Department and co-chair of its Professional Liability Practice Group, has been recognized by Crain’s Chicago Business as one of its 2023 Notable Leaders in Diversity, Equity & Inclusion.

Opioid Maker Faces Uphill Coverage Battle Before 11th Circ.

September 20, 2023

Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, was quoted in the recent article “Opioid Maker Faces Uphill Coverage Battle Before 11th Circ.” by Law360.

Two Cozen O’Connor Attorneys Named 2023 Texas Super Lawyers

September 19, 2023

HOUSTON, September 18, 2023 – Two Cozen O’Connor attorneys were named 2023 Texas Super Lawyers. Joseph A. Ziemianski and Stephen P. Pate were recognized for Insurance Coverage.

Cozen O’Connor Announces Seven New Shareholders

September 07, 2023

Cozen O’Connor is pleased to announce Wendy Enerson, Melissa Grossman, Susan Grueneberg, Suzanne Radcliff, Laura Reinhart, John Sullivan, and Cheryl Upham have been promoted to shareholder.

CVS' Delaware Opioid Loss Another Feather In Insurers' Cap

September 05, 2023

John R. Ewell was quoted in the expert analysis “CVS' Delaware Opioid Loss Another Feather In Insurers' Cap” by Law360.

Alycen Moss Appointed to the Federation of Defense & Corporate Counsel’s Board of Directors

August 10, 2023

ATLANTA, August 10, 2023 – Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, has been appointed to the Federation of Defense & Corporate Counsel's Board of Directors for 2023-2024.

Alycen Moss Named a 2023 Recipient of the FDCC’s Joseph R. Olshan Award

July 28, 2023

Alycen A. Moss, co-vice chair of the Global Insurance Department and co-chair of the firm’s Property Insurance Group, has been named a 2023 recipient of the Federation of Defense & Corporate Counsel’s Joseph R. Olshan Award.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Alycen Moss Selected to Law360’s 2023 Insurance Authority Property Editorial Advisory Board

July 12, 2023

ATLANTA – Wednesday, July 12, 2023 - Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, has been named one of Law 360's 2023 Insurance Authority Property Editorial Advisory Board members.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

General Liability Cases To Watch In 2nd Half Of 2023

June 30, 2023

John R. Ewell was quoted in the article “General Liability Cases To Watch In 2nd Half Of 2023” by Law360.

Allyship in the Workplace

June 22, 2023

Gary L. Gassman was quoted in the Claims and Litigation Management Alliance’s (CLM) recent article discussing what constitutes the perfect work ally.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor’s Stephen Pate Named Secretary-Treasurer of the American College of Coverage Counsel

May 11, 2023

CHICAGO, May 11, 2023 — Stephen P. Pate, member of the Global Insurance Department, has been named secretary-treasurer of the prestigious American College of Coverage Counsel (ACCC) at the 2023 Annual Meeting in Chicago, Illinois.

Cozen O’Connor Attorneys Named to 2023 Georgia Super Lawyers List

February 10, 2023

Recognized by her peers in Georgia as Super Lawyers is Alycen Moss. Luciana Aquino and Danielle C. Le Jeune were named “Rising Stars,” a list that recognizes attorneys under the age of 40.

2nd Circ. To Consider Shipper's Lost Policy Dispute

January 10, 2023

John R. Ewell was quoted in the expert analysis “2nd Circ. To Consider Shipper's Lost Policy Dispute” by Law360.

Superstorm Sandy Leaves Long Insurance Legacy At 10 Years

October 28, 2022

John R. Ewell was quoted in the expert analysis ”Superstorm Sandy Leaves Long Insurance Legacy At 10 Years” by Law360.

6th Circ. Geared Up For Next Opioid Coverage Dispute

October 19, 2022

John R. Ewell was quoted in the article “6th Circ. Geared Up For Next Opioid Coverage Dispute” by Law360.

From Outsider to Insider: Why Do I Share My Journey of Personal Acceptance? Because It Leads to Positive Change

September 12, 2022

Gary L. Gassman wrote the article "Why Do I Share My Journey of Personal Acceptance? Because It Leads to Positive Change" for the September issue of the Claims and Litigation Management Alliance's magazine.

Property Insurance Cases Of Note From The 1st Half Of 2022

August 05, 2022

John R. Ewell was quoted in the expert analysis “Property Insurance Cases Of Note From The 1st Half Of 2022” by Law360.

Alycen Moss Receives Prestigious Andrew C. Hecker Award from the Federation of Defense and Corporate Counsel

August 05, 2022

Alycen Moss received the prestigious Andrew C. Hecker Award, presented annually by the Federation of Defense and Corporate Counsel (FDCC) to the member who authors the year's most outstanding article in a federation publication.

The Business Insurance Interview with Gary Gassman of Cozen O'Connor

August 03, 2022

Gary Gassman, co-vice chair of the Global Insurance Department, discusses emerging D&O threats and how the hard market is affecting insurance claims disputes.

Property Insurance Cases To Watch In The 2nd Half Of 2022

August 01, 2022

Alycen Moss, co-chair of the Property Insurance Group, was quoted in the article “Property Insurance Cases To Watch In The 2nd Half Of 2022” by Law360.

Elliot Kerzner Named Secretary of the CLM’s Atlanta Chapter

July 28, 2022

Cozen O’Connor is pleased to announce Elliot Kerzner, an associate in the firm’s Insurance Department, has been appointed secretary of the Greater Atlanta Chapter of the Claims and Litigation Management Alliance (CLM).

Between the Lines: CLM’s Annual Conference Rocked it Out in Palm Desert

July 15, 2022

Alycen A. Moss was quoted in this month’s Between the Lines Column for the Claims and Litigation Management Alliance.

Amber Heard Faces Fight With Insurer Over Defamation Case

July 10, 2022

John R. Ewell was quoted in the article “Amber Heard Faces Fight With Insurer Over Defamation Case” by Law360.

Cozen O'Connor's Alissa Christopher named Volunteer of the Week by the Human Rights Initiative of North Texas

June 14, 2022

Alissa Christopher, Member of the firm's Global Insurance Department, was recognized as the Volunteer of the Week by the Human Rights Initiative (HRI) of North Texas.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

2nd Circ. To Tackle Adequacy Of Geico Refund Program

May 16, 2022

John R. Ewell was quoted in the expert analysis “2nd Circ. To Tackle Adequacy Of Geico Refund Program” by Law360.

Self-Driving Car Crashes Will Lead To Liability Conflicts

April 15, 2022

John R. Ewell was quoted in the expert analysis “Self-Driving Car Crashes Will Lead To Liability Conflicts” by Law360.

Alycen Moss Named the CLM’s Claim’s Management Professional of the Year

March 29, 2022

Cozen O’Connor is pleased to announce that Alycen Moss, co-chair of the firm’s Property Insurance Group and co-vice chair of the firm’s Global Insurance Department, has been named the Claims and Litigation Management Alliance’s Litigation Management Professional of the Year.

In A Hail Mary, Virus Coverage Suits Flood State Courts

March 24, 2022

Alycen Moss and Stephen Pate were quoted in a Law360 article discussing the new wave of COVID-19 coverage lawsuits that have hit state and federal courts.

No Need For Faulty Work Coverage Bill, Attys For Insurers Say

February 18, 2022

John R. Ewell was quoted in the expert analysis “No Need For Faulty Work Coverage Bill, Attys For Insurers Say” by Law360.

Alycen Moss Named to 2022 Georgia Super Lawyers List

February 14, 2022

Alycen Moss (Insurance Coverage) has been named to Super Lawyers 2022 list of top practitioners in Georgia.

2nd Circ. Set To Tackle Geico Underpayment Accusations

February 02, 2022

John R. Ewell was quoted in the article “2nd Circ. Set To Tackle Geico Underpayment Accusations” by Law360.

NJ Gov. Signs Bill To Allow 'Bad Faith' Insurance Suits

January 19, 2022

John R. Ewell was quoted in the article “NJ Gov. Signs Bill To Allow 'Bad Faith' Insurance Suits” by Law360.

Eleven Cozen O’Connor Attorneys Named 2021 Illinois Super Lawyers

January 29, 2021

Super Lawyers has named eleven attorneys at Cozen O’Connor to its 2021 lists of top practitioners in Illinois.

Nine Cozen O’Connor Lawyers Named 2021 “Lawyers of the Year” by Best Lawyers in America

August 20, 2020

Cozen O’Connor is proud to announce that nine of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 13 Cozen O'Connor Attorneys in its 2020 Legal Guide

June 22, 2020

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Legal 500 Recognizes Six Cozen O'Connor Practice Areas and Nine Cozen O'Connor Attorneys in its 2019 Legal Guide

June 14, 2019

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O'Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, and Jeffrey Mullen to its 2019 Legal Guide.

Contacts

Elliott R. Feldman

Co-Chair, Subrogation & Recovery Department

efeldman@cozen.com

(215) 665-2071

Kevin J. Hughes

Co-Chair, Subrogation & Recovery Department

khughes@cozen.com

(215) 665-2739

Melissa Brill

Co-Chair, Global Insurance Department
Regional Manager, Global Insurance Department – Northeast

mbrill@cozen.com

(212) 908-1257

Joseph A. Ziemianski

Co-Chair, Global Insurance Department

jziemianski@cozen.com

(832) 214-3920

People

Awards

Two Cozen O’Connor Attorneys Named 2023 Texas Super Lawyers

September 19, 2023

HOUSTON, September 18, 2023 – Two Cozen O’Connor attorneys were named 2023 Texas Super Lawyers. Joseph A. Ziemianski and Stephen P. Pate were recognized for Insurance Coverage.

Alycen Moss Appointed to the Federation of Defense & Corporate Counsel’s Board of Directors

August 10, 2023

ATLANTA, August 10, 2023 – Alycen A. Moss, co-vice chair of Cozen O'Connor’s Global Insurance Department, has been appointed to the Federation of Defense & Corporate Counsel's Board of Directors for 2023-2024.

Alycen Moss Named a 2023 Recipient of the FDCC’s Joseph R. Olshan Award

July 28, 2023

Alycen A. Moss, co-vice chair of the Global Insurance Department and co-chair of the firm’s Property Insurance Group, has been named a 2023 recipient of the Federation of Defense & Corporate Counsel’s Joseph R. Olshan Award.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Alycen Moss Selected to Law360’s 2023 Insurance Authority Property Editorial Advisory Board

July 12, 2023

ATLANTA – Wednesday, July 12, 2023 - Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, has been named one of Law 360's 2023 Insurance Authority Property Editorial Advisory Board members.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Alycen Moss Named the CLM’s Claim’s Management Professional of the Year

March 29, 2022

Cozen O’Connor is pleased to announce that Alycen Moss, co-chair of the firm’s Property Insurance Group and co-vice chair of the firm’s Global Insurance Department, has been named the Claims and Litigation Management Alliance’s Litigation Management Professional of the Year.

Eleven Cozen O’Connor Attorneys Named 2021 Illinois Super Lawyers

January 29, 2021

Super Lawyers has named eleven attorneys at Cozen O’Connor to its 2021 lists of top practitioners in Illinois.

Nine Cozen O’Connor Lawyers Named 2021 “Lawyers of the Year” by Best Lawyers in America

August 20, 2020

Cozen O’Connor is proud to announce that nine of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

Related Practice Areas

Upcoming Event:

Defending Transportation Claims with a Focused and Coordinated Defense from Day One

Rio Grande, Puerto Rico 05/03/2024

Stephanie Chesney will moderate and Alycen A. Moss will be a panel member on the “Defending Transportation Claims with a Focused and Coordinated Defense from Day One” panel at the Transportation Lawyers Association’s Annual Conference in Rio Grande, Puerto Rico.

Event Details

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