Richard D. Gable, Jr. is a Partner in the Philadelphia office where he focuses his practice on Insurance Coverage, Arson & Fraud, Extra-Contractual claims including bad faith, and Subrogation. Rich has significant experience representing both domestic and international insurance carriers in large loss commercial property insurance coverage litigation, including litigation arising out of industrial, mining and energy losses, as well as property insurance subrogation. In addition to his experience in representing insurers, he also has experience defending other financial institutions against allegations of fraud, unfair trade practices, and violation of other consumer protection statutes.
Rich joined the firm in 2012, bringing a wealth of commercial litigation and trial experience to the firm. Rich is a graduate of the University of Virginia and Villanova University School of Law. After law school he served as a Captain in the US Army Judge Advocate General’s Corps for almost six years where he tried numerous felony courts-martial as both a military prosecutor and criminal defense attorney. During his military career, Rich also served as a Special Assistant United States Attorney in the office of the United States Attorney for the Eastern District of Virginia. Rich is a former chair of the ABA/TTIPS Property Insurance Law Committee and currently a member of the Federation of Defense and Corporate Counsel (FDCC). He frequently writes and lectures on issues involving litigation, trial practice and insurance coverage and maintains an AV rating by Martindale-Hubbell.
•Past Chair of the American Bar Association’s Property Insurance Law Committee
•Pennsylvania Super Lawyer, Insurance Coverage
November 30, 2017 PUBLICATION A Home After the Storm: How does additional living expense coverage respond to insureds impacted by hurricanes?
Hurricane Harvey recently displaced more than 1 million people, and news reports indicate that it left behind wreckage over an approximately 300 mile area. Hurricane Irma caused an estimated 6.5 million people to evacuate the storm in Florida. Victims of both hurricanes could not access their homes and stayed in hotels and other temporary housing as they awaited repairs and return of normal utility services.
March 04, 2016 PUBLICATION Shelter from the Storm: Potential Disputes in Handling Additional Living Expense Claims
If the insurer and the homeowners cannot come to an agreement on these issues early in the resolution process, disputes are likely to develop that may quickly lead to a contentious claims resolution and, ultimately, to litigation with the potential for extra-contractual damages.
October 24, 2017 BLOG POST Federal Judge finds post loss assignment of benefits proper under Pennsylvania law
In a recent opinion, Judge Schmehl of the Eastern District of Pennsylvania denied a forced placed insurer’s Motion to Dismiss a suit brought by the assignee of a homeowner for water damage to the home. In Williams v. American Surety Insurance Company, the subject home was damaged by water while the mortgage company was in the process of foreclosing on the home. The homeowner, who had been designated as “Borrower” under a forced placed insurance policy issued to the mortgage company, made a claim under the policy. After the home was subsequently purchased at Sheriff’s Sale, the new buyer obtained an assignment of the claim. The claim was denied and the purchaser brought suit.
March 21, 2017 BLOG POST Pennsylvania Superior Court adopts narrow interpretations of surface water exclusion and ensuing loss clause
In the Ridgewood Group LLC v Millers Capital Insurance Company, No. 1138 EDA 2016, February 27, 2017, the Superior Court of Pennsylvania analyzed two often troublesome policy provisions, the surface water exclusion and the ensuing loss cause.
August 11, 2015 BLOG POST Insurers Don’t Sleep on Your Rights: Insurer’s Motion to Intervene Denied as Untimely
The court noted that Cincinnati had been defending the action since 2012, but did not file the motion until 2015 and only on the eve of trial. With regard to the damage interrogatories themselves, the parties argued that neither party’s expert had broken down the damages in the manner proposed by Cincinnati.
January 20, 2015 BLOG POST The Season of Giving: Pennsylvania Supreme Court Finds Bad Faith Claims to be Assignable
Rejecting the holdings of two recent decisions by the Eastern District of Pennsylvania, the Supreme Court of Pennsylvania held in a 5-to-1 ruling that claims under Pennsylvania’s Bad Faith Statute (42 Pa.C.S. 8371) are assignable to injured third parties. The decision, Allstate Prop. & Cas. Ins. Co. v. Wolfe, 2014 Pa. LEXIS 3309 (Pa. Dec. 15, 2014), considered the case of Jared Wolfe, who was injured in a car accident after being struck by Karl Zierle’s vehicle.
July 24, 2014 BLOG POST Attorney-Expert Communications Are Now Protected in PA
Falling in line with the Federal Rules of Civil Procedure, the Supreme Court of Pennsylvania ordered that Rule of Civil Procedure 4003.5 be amended to reflect incorporation of an express prohibition against discovery of communications between attorneys and experts. The newly added language provides that a party “may not discover the communications between another party’s attorney and any expert,” regardless of whether such expert is designated for trial or specially retained during litigation. The amended rule also “protects from discovery draft expert reports and any communications between another party’s attorney and experts relating to such drafts.”
July 22, 2014 BLOG POST Feng Shui: Direct Physical Loss Does Not Include Damage to Invisible Forces
A federal judge recently ruled that an insurer was not obligated to pay 50,000 for a feng shui consultant following a fire loss in a dentist’s office. Patel v. American Economy Insurance Co. et al., No. 12-cv-04719, 2014 WL 1862211 (N.D. Cal. May 8, 2014). While the cost to repair the physical damage from the fire was insured under the policy, the court found that the cost to repair damage to any invisible forces that may have been at work in the office was not.
June 14, 2018 COMMUNITY CTRL Your Future
For the third year in a row, Butler Weihmuller Katz Craig has spread some end of the school year cheer to seniors in eight different locations. Butler’s annual CTRL Your Future essay contest was created by the Firm’s Community Service Committee to recognize deserving high school seniors who have exhibited commitment to their academics. The winners in each city received a brand-new laptop with a full Microsoft Office Suite installed to assist them in their studies in the fall.
June 22, 2017 COMMUNITY CTRL Your Future
For the second year in a row, Butler Weihmuller Katz Craig has spread some end of the school year cheer to seniors in eight different locations. Butler’s annual CTRL Your Future essay contest was created by the Firm’s Community Service Committee to recognize deserving high school seniors who have exhibited commitment to their academics. The winners in each city received a brand-new laptop with a full Microsoft Office Suite installed to assist them in their studies in the fall at their four-year college.
May 25, 2016 COMMUNITY Philadelphia Recipient of Butler Step-Up Award Selected
Penn Treaty High School senior receives Step-Up Award.
November 02, 2016 EVENT Bad Faith Update: Key Jurisdictions
4th Annual Bad Faith Claims & Litigation Strategies ExecuSummit
July 26, 2015 EVENT FDCC Annual Meeting
The Disruptive Consequences of Public Health Events
May 07, 2015 EVENT ABA TIPS Property Insurance Law Committee
Ethical Considerations in Settlement and Mediation of a Complex Commercial Fire Claim.
March 16, 2014 EVENT 2014 PLRB Claims Conference
Dealing with Aggressive Contractors
June 29, 2017 NEWS The 2017 Super Lawyers List is here!
Super Lawyers, a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations, has selected multiple Butler attorneys as Super Lawyers in their area of practice. View our attorneys who are on the 2017 Super Lawyers List: