Michael J. Cawley: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Michael J. Cawley

Phone215.606.3923

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

Featured AV Peer Review Rated Lawyer IconFeatured AV Peer Review Rated Lawyer Icon
Printer Friendly VersionEmail this PageDownload to My Outlook ContactsAdd lawyer to My FavoritesCompare this lawyer to other lawyers in your favorites

Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Appellate
  • Commercial & Business Litigation
  • Class Action Defense
  • Directors & Officers Liability
  • Employment & Labor
  • Insurance Agents & Brokers
  • Insurance & Reinsurance Coverage
  • Life, Health, Disability & ERISA
  • Miscellaneous Professions
  • Product Liability
  • Professional Liability & Services
  • Railroad
 
Contact InfoTelephone: 215.606.3923
Fax: 215.627.2665
http://www.wilsonelser.com/attorneys/michael_j_cawley
 
University University of Scranton, B.S., magna cum laude, 1981
 
Law SchoolVillanova University School of Law, J.D., 1984
 
Admitted1984, Pennsylvania; U.S. District Court, Eastern, Middle and Western Districts Pennsylvania and U.S. Court of Appeals, Third Circuit; Pennsylvania Supreme Court
 
Memberships 

Memberships & Affiliations

Pennsylvania Bar Association
American Bar Association
Defense Research Institute (DRI)
International Association of Defense Counsel
Professional Liability Underwriting Society
Risk Management Society

 
Biography

Michael Cawley concentrates his practice in the areas of insurance coverage, bad faith disputes, commercial litigation and professional liability matters. He has extensive trial and appellate experience in state, federal and bankruptcy court. Michael's experience includes the representation of insurers and insureds in all forms of insurance coverage disputes and the litigation and trial of complex professional liability cases. He is a member of the firm's Class Action Defense practice.

More recently, he has complemented the above practice areas by developing proficiency in litigation involving intellectual property, e-commerce and other technology-based claims and in drafting, reviewing and negotiating commercial agreements related to those industries including distribution agreements. Michael has counseled and litigated consumer credit matters for lenders, including issues arising under the Equal Credit Opportunity Act, and has addressed other compliance issues dealing with federal and state laws governing consumer credit.

Awards & Distinctions

AV Preeminent Rated by Martindale-Hubbell
fellow of the American Bar Foundation, 2010
Selected for inclusion in Pennsylvania Super Lawyers - Insurance Coverage, 2007-2014
Co-chair of the Membership Subcommittee of the American Bar Association Professional Liability Litigation Committee, 2009-2011
Co-chair of the American Bar Association Insurance Coverage Litigation Committee, 2012

Publications

Pennsylvania Effectively Eliminates Workers' Compensation Act as Source of Protection for Employers from Suits Arising Out of Latent Occupational Disease Lawsuits
February 18, 2014

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas Operations
January 15, 2014

Events

How to Avoid Errors and Omissions in the Procurement, Underwriting and Placement of General and Professional Liability Insurance Coverage
July 16, 2014

View from the Bench: Judicial Insight on the Latest Claims, Theories and Discovery Issues
April 1, 2014

News

Michael Cawley Appointed to the Insurance Subcommittee of the Union League of Philadelphia
February 2014

Michael Cawley Prevails in Wrongful Death Suit
November 4, 2013

 
Reported CasesRepresentative Matters; Save Our Local Environment (SOLE) v. Grand Central Sanitary Landfill (GCSL) et. al. (Northampton County, Pennsylvania). CCP, Northampton County No. 1995-c-78; Judgment for Defendant Grand Central Sanitary Landfill December 14, 1998. Michael tried to verdict the first SLAPP (Strategic Litigation Against Public Participation) lawsuit in the Commonwealth of Pennsylvania. The case involved charges that the client, a landfill operator and its successor company, wrongfully used civil proceedings against a citizens' group in an effort to intimidate and deter the members of the group from exercising their First Amendment Right to protest a proposed expansion of the GCSL landfill. Prior to the trial, SOLE made a demand of $14 million from GCSL and the other defendants named in the litigation. After a seven-week trial in the Northampton County Court of Common Pleas, the jury returned a verdict in favor of the defendants. Reliance Insurance Company in Liquidation v. Mellon-Clair Odell and Mellon Insurance Services AAA# 14 195 Y 0014406. In this American Arbitration Association (AAA) matter, Michael represented Mellon Insurance Services (Mellon) against claims brought by the Liquidator for Reliance Insurance Company (Liquidator) that Mellon had made material misrepresentations regarding a risk which owned and operated over 170 nursing homes in Texas. The Liquidator claimed that as a result of the alleged material misrepresentations made by Mellon, Reliance was (1) induced to underwrite hundreds of millions of dollars in excess coverage on the nursing home account and (2) that Reliance had to pay $7,600,000 under the policies to claimants who claimed to have been mistreated at the nursing home facilities. After hearings which spanned a two month period, the AAA panel found in favor of Mellon and dismissed the Liquidator's claims. Kvaerner Metals Division of Kvaerner U.S., Inc. et. al v. National Union Fire Insurance Company of Pittsburgh, PA. 589 Pa. 317; 908 A.2d 888; 2006 Pa. LEXIS 2064. In this 2006 landmark ruling, the Pennsylvania Supreme Court held that the failure of an insured's work product to meet the specifications required in a design-build contract for the construction of a coke oven battery does not meet the definition of occurrence since the failure to meet such contract specifications is not an accident.; Duff Supply Co., et. al. v. Crum & Forster Insurance Company 1997 WL 255483 (E.D. Pa.). In the representation of the policyholder, Michael prevailed in establishing that Crum & Forster had an obligation to defend its insured-Duff Supply Co.-against allegations asserted in an underlying action that the insured engaged in a pattern of sexual harassment and gender based discrimination in violation of Title VII of the Civil Rights Act of 1964. The federal district court agreed that the underlying action alleged a covered personal injury (i.e. defamation) and ordered that Crum & Forster was obligated to reimburse its insured all of the legal fees and expenses incurred in the defense of the underlying litigation. Atlantic Mutual Ins. Corp. v. Brotech Corp. v. Lexington Ins. Co. 60 F.3d 813 (3d Cir. 1995), Third Circuit affirmed Trial Court's holding that advertising activity did not include the infringement of patents by Lexington's insured, Brotech. National Union Fire Ins. Company of Pittsburgh, PA v. Combustion Engineering, Inc. 1989 U.S. Dist. LEXIS 15110. Holding that an Owners, Contractors Protective policy did not extend to provide coverage to designated contractors. Diamond International Corporation and National Union Fire Insurance Company v. Sulzer Brothers, Inc. and CNA Insurance Companies, 1989 U.S. Dist. LEXIS 9820. In this action, Michael represented the interests of Diamond International Company (Diamond). At issue was the interpretation of an indemnity agreement contained within an Asset Purchase Agreement (Agreement) executed between Diamond and Sulzer Bros. (Sulzer) and whether that agreement required Sulzer to defend and indemnify Diamond against contingent liability claims. The federal district court concluded that Sulzer had the obligation to defend Diamond against all future claims arising out of the product line transferred under the Agreement and held that the phrase including, but not limited to constituted a broadly worded indemnity promise running from Sulzer to Diamond. Assicuriazioni S.P.A. v. Public Service Mutual Ins. Co., 77 F.3d. 731 (3d 1996). Michael represented Public Service Mutual Ins. Co. (PSM) which issued a comprehensive general liability policy to an insured which had insured its truckers liability risk through a Business Auto policy issued by Assicuriazioni S.P.A. He successfully argued before the Third Circuit that the district court's holding that PSM had concurrent obligations with Assicuriazioni S.P.A. to cover the injuries sustained by a third-party catastrophically injured during the delivery of furniture from a retail store be reversed. Weinstein Supply Co. v. Home Insurance Co. 1999 U.S. Dist. LEXIS 6661 (E.D of PA. 97-7195). Judge Clifford Scott Green granted Home's Motion for Summary Judgment on basis that a comprehensive general liability policy did not cover employment related practices claims against Weinstein Supply Co. since such claims did not allege an accident and were therefore not occurrences. Reading Anthracite Coal Co. v. National Union Fire Insurance Co. 547 Pa. 756; 692 A.2d 566 (PA 1997). The Pennsylvania Supreme Court affirmed the Schuylkill County trial court's award of summary judgment to National Union holding that a $1.8 million dollar business interruption claim of Reading Anthracite Company (RAC) was not covered under a first party property policy issued by National Union to RAC. The bad faith claim was subsequently dismissed on summary judgment as well in 2000 by the trial court. Bonnie Bannon v. Property and Casualty Insurance Company of Hartford CCP, Philadelphia County, December Term 2008; No. 1019. The Philadelphia County Court of Common Pleas Court granted Hartford's Motion to Dismiss a bad faith claim as unsupported by the pleadings. Lexington & Concord Abstract Co. v. The Hartford (E.D of PA #2:07-cv-03398-AB). After a Rule 16 Conference, the Plaintiff agreed to dismiss with prejudice all statutory bad faith and Unfair Insurance Practices Act claims which alleged that Hartford had improperly denied coverage for claims in an underlying action seeking return of real estate commissions and a return of escrow funds. Phelps School v. Transportation Ins. 844 A.2d. 1296; 2003 Pa. Super. LEXIS 5694 (November 17, 2003). Holding that the exclusionary language in the Transportation Insurance Co. (CNA) policy issued to The Phelps School (Phelps) prohibiting coverage for sporting events sponsored by the school precluded coverage to Phelps for personal injuries sustained by a 14-year-old female rendered a paraplegic in a school-sponsored wrestling match with a 14-year-old male.
 
ISLN908466168
 

Documents by this lawyer on Martindale.com

Subscribe to this feed

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as Unconstitutional
Michael J. Cawley,Kathleen D. Wilkinson, August 19, 2014
Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court struck down as unconstitutional provisions of Act 13 that required...

Pennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of Latent Occupational Disease Lawsuits
Michael J. Cawley, February 21, 2014
On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’ Compensation Act (the Act) did not provide a bar to the lawsuits...

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas Operations
Michael J. Cawley,Kathleen D. Wilkinson, January 17, 2014
On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As enacted by the Pennsylvania legislature and signed into law...


View Ratings & Reviews
Profile Visibility
#585 in weekly profile views out of 15,817 lawyers in Philadelphia, Pennsylvania
#41,442 in weekly profile views out of 1,568,853 total lawyers Overall

Office Information

Michael J. Cawley

Independence Square West, Suite 1130 East
PhiladelphiaPA 19106-3308




Loading...
 

Professional Networking for Legal Professionals Only

Quickly and easily expand your professional
network - join the premier global network for legal professionals only. It's powered by the
Martindale-Hubbell database - over 1,000,000 lawyers strong.
Join Now
 

Affiliations

   CLM