Robert W. Jozwik
Philadelphia, PA 19103
Robert is a member of the Professional Liability Department and has extensive experience advising and representing primary and excess domestic and international insurance companies in complex commercial coverage disputes involving directors and officers liability, errors and omissions, commercial general liability, political liability, professional indemnity, property and casualty, and a variety of specialty policies and reinsurance contracts.
Robert's experience also includes representation of insurers in high-exposure, multi-party and multi-jurisdiction claims in litigation, arbitrations, mediation, and cost-sharing and settlement negotiations. He also has experience evaluating, investigating, managing and monitoring domestic and international claims, advising on policy wording and achieving commercial and practical resolutions by way of mediation and negotiations.
Significant 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 actions 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.
Areas of Practice
Education
Temple University School of Law, Philadelphia, Pennsylvania, 1993 J.D.
Law Journal: Temple Environmental Law & Technology Journal, Staff Member
University of Delaware, Newark, Delaware, 1988 B.A.
Published Works
"A 'Vexatious, Obdurate, Bad Faith' Insured," Pennsylvania Law Weekly, March 13, 2006
"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
Representative Cases
Alert Motor Freight, Inc. v. United States Liability Ins. Group ("Mount Vernon Fire Insurance Company"), 2007 U.S. Dist. LEXIS 2710 (E.D. Pa.)
S & H Hardware & Supply Co. v. Yellow Transportation, Inc., 2004 U.S. Dist. LEXIS 13158 (E.D.Pa.)
ALIG v. Standard Security Life Ins. Co., et al, No. 02158 (CCP Phila., Jan. Term 2006)
Areas of Practice
Education
- Temple University School of Law (J.D., 1993)
- University of Delaware (B.A., 1988)
Bar Admissions
- Pennsylvania, 1993
- U.S District Court Eastern District of Pennsylvania, 1995
- U.S. District Court Middle District of Pennsylvania, 2004