Robert W. Jozwik: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

Robert W. Jozwik

Robert W. Jozwik is a shareholder with Marshall, Dennehey, Warner, Coleman & Goggin. He counsels and represents domestic and international insurance companies on complex claims, coverage disputes, and litigation involving a variety of insurance policies including, directors and officers liability, errors and omissions, commercial general liability, political liability, and professional indemnity, which have been issued on primary, excess, and umbrella bases. Robert also has experience with the drafting of, and disputes involving, manuscript policy wording, specialty policies, and also with reinsurance claims and issues.
Phone(215) 575-2792

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Experience & Credentials
 

Practice Areas

  • Insurance Coverage
  • Commercial Litigation
 
University University of Delaware, Newark, Delaware, B.A., 1988
 
Law SchoolTemple University School of Law, Philadelphia, Pennsylvania, J.D., 1993 Temple Environmental Law & Technology Journal, Staff Member
 
Admitted1993, Pennsylvania; 1995, U.S. District Court Eastern District of Pennsylvania; 2004, U.S. District Court Middle District of Pennsylvania
 
Biography

Robert focuses his practice on providing advice on contract interpretation, drafting of contracts, regulatory compliance and inquiries, handling and responding to multifarious claims, risk management/exposure mitigation, and litigation strategy to domestic and international insurance companies and commercial clients. He also is regularly requested to attend mediations as outside counsel to represent company interests in litigated claims and to facilitate amicable settlements.

Robert also has extensive lead counsel experience in representing clients in state and federal courts on complex insurance coverage claims and disputes involving directors and officers liability, errors and omissions, commercial general liability, political liability, professional indemnity and liability, property and casualty, long-term care, specialty insurance policies, and reinsurance contracts. He also handles commercial disputes involving breach of commercial contracts and business tort matters. In addition, Robert has drafted petitions for appellate review, appellate briefs, and presented oral argument before the Delaware Supreme Court and Pennsylvania Superior and Supreme Courts on insurance coverage matters.

Over his career, Robert has provided advice on the application and interpretation of the laws of over 30 states, and has litigated or been involved in complex commercial cases brought in Delaware, Georgia, Florida, Massachusetts, Maryland, Mississippi, New Jersey, New York, Ohio, Pennsylvania, and West Virginia. Robert also conducts seminars on training and legal trend updates to clients involving claim assessments and handling; and contract wording, drafting and interpretation. He also has spoken at insurance industry events.

Prior to joining Marshall Dennehey, Robert provided outside claims counsel services to clients on domestic and international claims submitted under E&O policies issued to entities involved in construction, engineering, and fabrication of oil and gas platforms and processing plants. This experience included on-site claims investigations involving contract reviews and interviewing witnesses in Canada, Germany, England, France, and throughout the United States. Robert also previously held a part-time position as Assistant General Counsel an international economic forecasting/research and consulting firm. In that role, Robert advised and assisted executives and managers on contract drafting and interpretation, employment-related issues and drafting of employee handbook, risk management, litigation oversight, retention and monitoring of local counsel, corporate governance; and training sales personnel on contracting issues.

Classes/Seminars Taught

•Drafting Reservation Of Rights Letters, Duty to Defend Laws, Counsel Selection, and Coverage Litigation - Barbican, January 2015

•Common Issues Involving Claims Made Coverage, Duty To Defend Laws, Coverage Litigation, And Issues Related To The Sandusky Case - Aspen Insurance, April 2014

2014 Coverage Potpourri, client seminar, July 2014

Duty to Defend Laws and Related Issues, CapSpecialty, November 2013

Reserving Rights, Determining Coverage and Insurance Bad Faith, Donegal Insurance Group, May 2013

•Panelist - PLUS D&O - Litigation and Regulatory Trends, December 2012

•Business Law course for CPCU, Insurance Society, Fall 2011

•Panelist - Commerce Case Management Protocols For Alternative Disputed Resolution Procedure Using Three Judge Panel And Common Law Arbitration - Philadelphia County Bench Bar Conference, October 2008

•Coverage Issues Arising Out of Employment Practices Claims - AIG, February 2007

Published Works

Insurance Agency Risk Management: E & O Exposures By Line of Business, chapter on workers' compensation, 2014 edition

• The Federal Rules Of Civil Procedure Catch Up With The Times And Assimilate Electronically Stored Information Into The Rules That Apply To And Govern The Discovery Of 'Relevant Information', Defense Digest, Vol. 12, No. 4, December 2006

• A 'Vexatious, Obdurate, Bad Faith' Insured, Pennsylvania Law Weekly, March 13, 2006

Year Joined Organization

2005

Events

Robert W. Jozwik Presenting at the CLM Reservations of Rights Seminar
Training • Jun 18, 2015
On June 18, 2015, Robert W. Jozwik will present on the Reservations of Rights and the Insured's Right to Personal Counsel. The course will provide a methodology for coverage issue identification and outline steps to preserve insurance...

 
Reported CasesSignificant Representative Matters: Representation of a quota share layer excess insurer with $50 million in limits in a multi-party action in Delaware Superior Court involving the insured's claim for defense costs in excess of $350 million dollars incurred in defending purported advertising injury claims and coverage defenses premised, in part, on horizontal and vertical exhaustion issues. Evaluation and monitoring of notification of a criminal investigation of a director involving potential violation of Italian securities law in context of providing professional services. Representation of international CGL insurer on California suits involving asbestos exposure submitted under a insurance binder and negotiation of cost sharing agreement among multiple insurers. Representation of CGL insurers in state and federal court declaratory action's involving employer's liability exclusion and status of insured issues. Evaluation and monitoring of multi-district class actions and individual claims submitted to high-level excess BPL/D&O arising out of failure of Auction Rate Securities market. Represented D&O insurer in litigation in Delaware Superior Court and settlement of claim for defense costs in excess of $140 million incurred in defending multiple D&O's subject to criminal indictments. Represented international D&O insurer with $10 million in limits at mediation of class action and bankruptcy trustee action with respect to securities fraud claims in excess of $ 1 billion against a subprime market lender submitted to two insurance towers which resulted in successful discounted settlement. Evaluated and monitoring multi-million dollar securities fraud claims asserted in interrelated class actions against a corporation and its D&Os arising out of claims based on the artificial inflation of common stock prices and self-profiting. Represented CGL insurer in state court action involving a death claim which resulted in summary judgment based on application of assault and battery exclusion. Represent CGL insurer in cost-sharing arrangement for multi-district toxic tort claims. Represented international CGL insurer in Pennsylvania federal court coverage action involving MDL and multi-state welding fume exposure claims and rescission of coverage issue which resulted in a commercial resolution and participation in a cost-sharing agreement. Represented E&O insurer on class action claims against health management organization by providers of medical services and subscribers which resulted in summary judgment dismissals of insurer from multiple actions. Represented E&O insurer for railroad transportation broker at mediation of demurrage claims which resulted in a successful settlement at a fraction of demand based on coverage defenses. Investigated and evaluated E&O claims originating in Australia, British Columbia, Europe, Malaysia, South America and United States against international construction, engineering, and ship building insured submitted to world-wide insurance program underwritten by Lloyd's syndicate. Advice work with respect to claims involving construction defect, product recall, design errors, financial advice, environmental mishaps, management liability, political subdivision liability and agent, architect and engineering malpractice.; Representative Cases: NCMIC Ins. Co. v. Walcott, 2014 U.S. Dist. LEXIS 123075 (E.D.Pa. Sept. 3, 2014) (judgment on the pleadings entered based on holding that no duty to defend owed under errors and omissions policy issued to chiropractor once supplemental defense sublimit expired because underlying action alleged injuries from sexual assault, and not by an accident arising out of any negligent omission, act, or error); Peerless Indemnity Insurance Co. v. Malia, G, CCP Luzerne County, No. 3546 - 2012 (May 13, 2013), aff'd 102 A.3d 521 (April 4, 2014) (judgment on pleadings granted based on holding that allegation that defendant pulled out a gun, cocked it, and aimed it at individuals who were assisting plaintiff did not constitute an occurrence under homeowners and umbrella policies or alternatively was excluded by intentional conduct exclusion); Torus Ins. Co. v. Potter, et al., CCP Phila. Cnty., March Term 2013, No. 2600 (summary judgment entered based on holding that excess policy expressly did not follow coverage afforded by Assault and Battery sublimit provided by an endorsement to the underlying primary policy); Markel Ins. Co. v. Young, 2012 U.S. Dist. LEXIS 81800 (E.D. Pa. June 12, 2012) (summary judgment entered based on holding that employer's liability exclusion precludes coverage to additional insured landlord for injuries claimed by named insured's employee); Western Heritage Ins. Col. v. Harry J. Darrah, Jr., t/a Darrah's Automotive and Recycling, 2010 U.S. Dist. LEXIS 121533 (M.D. Pa., Nov. 17, 2010) (judgment on pleadings entered in two separate coverage actions based on holding that no duty to defend existed because underlying allegations of sever burns sustained by auto mechanic did not fall within the Designated Premises/Operations endorsement limiting the available coverage); Abutidze v. Alert Motor Freight, Inc. v. United States Liability Ins. Group ( Mount Vernon Fire Insurance Company ), 2007 U.S. Dist. LEXIS 2710 (E.D. Pa.) (after fact discovery completed, summary judgment entered based on application of auto exclusion); ALIG v. Standard Security Life Ins. Co., et al, No. 02158 (CCP Phila., Jan. Term 2006) (summary judgment entered based on Stop Gap Policy); S & H Hardware & Supply Co. v. Yellow Transportation, Inc., 2004 U.S. Dist. LEXIS 13158 (E.D.Pa.) (summary judgment entered based on holding that plaintiff failed to timely notify common carrier of theft claim under the Carmack Amendment, 49 U.S.C.S. 14706.
 
ISLN912178163
 
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Office Information

Robert W. Jozwik

2000 Market Street, Suite 2300
PhiladelphiaPA 19103




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