Thomas McKay, III

Senior Counsel

Thomas McKay, III joined Cozen O’Connor as a member in January 1982. He was the office managing partner (OMP) of the Cherry Hill, New Jersey office from 2000 through 2015. He served two terms on the firm's national board of directors and also acted as the interim OMP for the New York office for 1993 – 1994.

In June 2019, Thomas retired from his national defense litigation practice and became senior counsel to the firm. His practice is now limited exclusively to select and limited pro bono representation in New Jersey. He served from 2014 to 2024 as an appointed member of the New Jersey Supreme Court’s District IV Ethics Committee, which oversees attorney ethics investigations in Camden and Gloucester counties. He served as the vice chairman of the committee for 2020 – 2021, and as chairman for 2023 – 2024.

Tom’s litigation practice focused primarily on first party insurance coverage and insurance fraud defense. He has tried dozens of civil jury trials and numerous arbitrations in multiple jurisdictions securing numerous defense verdicts in actions involving six-figure and multi-million dollar claims against his clients. He served as lead counsel on behalf of one of the insurance company defendants in the World Trade Center 9/11 insurance coverage litigation in the Southern District of New York, obtaining a defense verdict thereby saving the client over $260 million.

Tom has lectured on first-party insurance and trial related matters and has served on insurance industry education panels. He co-authored Resolving Property Insurance Claims and Insurance Litigation published by the New Jersey Institute for Continuing Legal Education. He is a member of the Camden County, New Jersey State and American Bar Associations. Tom held the designation of Certified Civil Trial Attorney by the Supreme Court of New Jersey from 1989 to 2024, when he retired.

Tom earned his bachelor of arts degree from Rutgers University in 1969, where he was a member of the Alpha Chi Rho Fraternity and earned varsity letters as a member of the crew. Tom received his law degree from Temple University School of Law in 1972. From 1972-1973 he served as a law clerk to the Honorable W. Thomas McGann and the Honorable Herman Belopolsky, Superior Court of New Jersey, Law Division.

From 1973-1981, Tom served as an assistant U.S. attorney for the District of New Jersey where he handled both federal civil cases and criminal prosecutions and tried dozens of major criminal jury trials. He was admitted to practice in New Jersey in 1972. He was also admitted to practice in New York in 1994 (retired admission in 2020). He is also admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Second, Third, Fourth, and Sixth Circuits, the U.S. District Court for the District of New Jersey and the Southern and Eastern Districts of New York.

Tom has served for more than 30 years as an appointed Class IV member of the Hainesport Township, New Jersey Joint Land Use Board, which oversees zoning appeals and land use development in Hainesport. He currently serves as chairman of that board. From 2012 to 2015 he served as an appointed member of the Rutgers University Foundation board of directors, which oversees the management of the university's foundation. Tom is a past commodore of the Surf City Yacht Club on Long Beach Island, New Jersey. Tom is married for over 50 years to Dianne Adele McKay. She was an adjunct professor at the School of Management and Labor Relations at Rutgers until her retirement in 2024.

Experience

News

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

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.

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

August 22, 2018

One hundred twenty-five Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Publications

Bill Allowing Punitive Damages for Insurer's Bad Faith Conduct Introduced in New Jersey Senate [Insurance Coverage Alert!]

September 12, 2011

Bill Allowing Punitive Damages for Insurer's Bad Faith Conduct Introduced in New Jersey Senate - Insurance Coverage Alert! - On August 25, 2011, a New Jersey state senator introduced Senate Bill 3036, purportedly to reverse the New Jersey Supreme Court’s holding in Wood v. New Jersey Manufacturers Ins. Co., 206 N.J. 562, 21 A.3d 1131 (June 14, 2011). The bill goes far beyond a simple reversal, however, and could have significant financial implications for insurers that breach their duty of good faith and fair dealing with their insureds.

Supreme Court of New Jersey Broadens the Defense Obligation in Emotional Distress Claims [Insurance Coverage Alert!]

July 05, 2011

Supreme Court of New Jersey Broadens the Defense Obligation in Emotional Distress Claims - Insurance Coverage Alert! - Portee claims, named after the 1980 Portee v. Jaffe case, may be brought by close family members who witnessed the death or severe injury of a loved one. The decision in Abouzaid v. Mansard Gardens Assoc., LLC, A5-10, will require insurers with policies covering bodily injuries to defend a Portee claim from the outset, even if the complaint is silent regarding physical injuries caused by the alleged emotional distress, unless the defense of the claim is specifically excluded.

Supreme Court of New Jersey Rejects Insured's Argument That There is No Right to a Jury Trial in Rova Farms Cases [Insurance Coverage Alert!]

June 30, 2011

Supreme Court of New Jersey Rejects Insured's Argument That There is No Right to a Jury Trial in Rova Farms Cases - Insurance Coverage Alert! - On June 14, 2011, the Supreme Court of New Jersey unanimously ruled in Wood v. New Jersey Manufacturers Insurance Co. that a claim against a liability insurer alleging that the insurer acted in bad faith by refusing to settle an underlying tort action within the policy limits was a traditional breach of contract claim to which the right to a jury trial attached.

Winter 2010 [Insurance Coverage Observer]

February 21, 2010

Winter 2010 - Insurance Coverage Observer -

Chinese Drywall: Background, Scope and Insurance Coverage Implications [Cozen O'Connor Whitepaper]

September 16, 2009

Chinese Drywall: Background, Scope and Insurance Coverage Implications - Cozen O'Connor Whitepaper - This handout is intended to provide a general overview of what has been termed the “Chinese drywall problem,” and the insurance coverage issues that will likely emerge therefrom. The first section provides a general background of the Chinese drywall problem and includes an overview of the litigation which has arisen from the issue. The second section provides a discussion and analysis of the key insurance coverage issues which are

Events & Seminars

Past Events

2012 First Party Claims Conference

October 16, 2012 - Warwick, RI

2009 PLRB/LIRB Large Loss Conference

November 02, 2009 - Tampa, FL

Industry Sectors

Education

  • Temple University—James E. Beasley School of Law, J.D., 1972
  • Rutgers University, B.A., 1969

Awards & Honors

Selected to N.J. Super Lawyers. This award is conferred by Super Lawyers. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

  • New Jersey
  • New York (Retired)
  • Superior Court of New Jersey
  • Supreme Court of New Jersey
  • New York Court of Appeals
  • New York Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Southern District of New York
  • U.S. Supreme Court

Honorable W. Thomas McGann and the Honorable Herman Belopolsky, Superior Court of New Jersey

  • Camden County (NJ) Bar Association
  • New Jersey State Bar Association