Richard M. Mackowsky

Attorney

Philadelphia

(215) 665-2064

(215) 665-2013

Richard M. Mackowsky focuses his practice on complex insurance litigation and first-party property insurance coverage analysis, particularly business interruption insurance. He has negotiated, litigated, mediated, and arbitrated on behalf of clients throughout the United States, as well as in Canada, England and Bermuda. 

Richard’s litigation experience includes participation in many major insurance-related events of recent years, including Hurricanes Katrina and Ike, the September 11, 2001 terrorist attack, the 2003 Northeast Blackout, as well as Y2K sue and labor claims. He currently advises major insurers on issues arising from Hurricane Sandy.  Richard consults with insurers on complex insurance claims that include both covered and uncovered elements, and those involving significant disputes over the measure and calculation of loss with the goal of resolving claims without litigation.  He analyzes and provides opinions to clients on insurance coverage issues involving, among others, business interruption, contingent business interruption, priority of coverage, trigger of coverage, fortuitous loss, measure of loss, and flood and windstorm deductibles. 

Richard has co-authored a series of white papers on Hurricane Sandy, and the Global Insurance Group's white paper "The Earthquake and Tsunami in Japan: A Factual Overview and Preliminary First-Party Analysis." He has also co-written the Global Insurance Group's white paper "The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis," as well as the white paper "Hurricane Katrina: A Preliminary First Party and Factual Analysis." He is a frequent speaker for insurance clients and organizations, and a regular contributor to insurance and legal periodicals. 

Richard received his Bachelor of Arts from Harvard University in 1974 and earned his law degree, with honors, from Rutgers University School of Law in 1980, where he served as research editor for the Rutgers-Camden Law Journal. Following graduation from law school, Richard was a law clerk for the Supreme Court of New Jersey, where he also served as counsel to the Supreme Court Committee on Bar Admission Rules. Richard was admitted to practice in New Jersey and Pennsylvania in 1980 and 1981, respectively.

News

Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld [Property Insurance Law Observer Blog]

February 10, 2017

Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal business operations, or to reduce the period of time necessary to resume normal...

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy [Property Insurance Law Observer Blog]

July 13, 2016

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and presumptive purchasers of a home that was still under construction terminated...

New Jersey Supreme Court Upholds Strict Enforcement of Notice Provisions in Claims Made Policies [Avoiding Insurance Bad Faith Blog]

February 19, 2016

The New Jersey Supreme Court recently revisited its earlier decision in Zuckerman v. National Union Fire Insurance Fire Insurance Co., 100 N.J. 304, 495 A.2d 395 (1985) and upheld the strict enforcement of notice and reporting requirements contained in claims made policies, holding that an insurance...

Cozen O'Connor's Richard Mackowsky Quoted in Business Insurance

August 08, 2011

Cozen O'Connor's Richard Mackowsky Quoted in Business Insurance

Publications

Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld [Property Insurance Law Observer Blog]

February 10, 2017

Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal business operations, or to reduce the period of time necessary to resume normal...

Florida Property Losses – Five Things to Know for Hurricane Matthew

October 07, 2016

Hurricane Matthew is the first major hurricane to strike Florida since Hurricane Wilma in 2005. As the insurance industry prepares for Florida property loss claims due to Hurricane Matthew, we highlight five claims-handling points based on the primary Florida statutory and administrative code provisions most relevant to property insurers with respect to first-party property loss claims, as well as on Florida’s statutory framework for a first-party bad faith claim.

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy [Property Insurance Law Observer Blog]

July 13, 2016

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and presumptive purchasers of a home that was still under construction terminated...

Loss at Separate Buildings Required “Building Specific” Coverage Decision Before Loss Appraisal [In the Know]

April 20, 2016

Rick Mackowsky and Stacey Farrell discuss a recent case wherein the U.S. District Court for the Southern District of Florida applied Florida law and denied the insured’s motion for summary judgment seeking to compel appraisal of losses sustained at two of her insured buildings.

Minnesota Court Holds That Prejudgment Interest Statute Does Not Apply to Appraisal Awards [In the Know]

April 18, 2016

Rick Mackowsky discusses the Minnesota Court of Appeals' decision that pre-award interest is not recoverable on an appraisal award made pursuant to the terms of an insurance policy, absent an underlying breach of contract or actionable wrongdoing.

Industry Sectors

Education

  • Rutgers University School of Law - Camden, J.D., 1980
  • Harvard University, B.A., 1974
  • New Jersey
  • Pennsylvania
  • Pennsylvania Supreme Court
  • Supreme Court of New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. Supreme Court

Supreme Court of New Jersey

  • American Bar Association
  • New Jersey State Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association