Cozen O’Connor: Mackowsky, Richard M.

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

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.

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...

Proof of Loss Provision Survey

April 07, 2015

Examining the enforceability of a policy’s proof of loss provision where an undisputed amount of loss exists.

When the Lights Went Out in Georgia - A Legal and Forensic Accounting Case Study of Business Interruption Loss [webcast]

December 10, 2013

A Legal and Forensic Accounting Case Study of Business Interruption Loss is a webcast presented by Richard Mackowsky, Senior Counsel of Cozen O’Connor’s Global Insurance Department and John Damico, CPA and Partner with Matson, Driscoll & Damico Forensic Accountants on December 10, 2013. The presentation discussed complex and cutting edge business interruption issues generated by catastrophes and the lessons learned including how to handle claims for wide area damage.

The Property Adjuster’s Toolbox

October 08, 2013

The Property Adjuster’s Toolbox is a three-part webinar series presented by members of the firm’s Global Insurance Department. The presentations discuss the nuts and bolts of investigating and adjusting a claim under a first-party property insurance policy.

Hurricane Irene Strikes the Eastern Seaboard: An Overview of the Facts and Coverage Issues [Cozen O'Connor Report]

September 13, 2011

Hurricane Irene Strikes the Eastern Seaboard: An Overview of the Facts and Coverage Issues - Cozen O'Connor Report - On the sixth anniversary of Hurricane Katrina, another such storm was devastating the eastern coastline of the United States. Irene – the first hurricane of the 2011 season – was thankfully not as destructive as the 2005 storm that ravaged New Orleans and the Gulf Coast area. Nevertheless, Irene was a powerful and destructive storm that hit areas of the country that seldom see this kind of event.

The Earthquake and Tsunami in Japan: A Factual Overview and Preliminary First-Party Analysis [Cozen O'Connor White Paper]

April 07, 2011

The Earthquake and Tsunami in Japan: A Factual Overview and Preliminary First-Party Analysis - Cozen O'Connor White Paper - Whether or not you are involved in addressing claims under first party policies, we trust you will find the factual information contained in the report informative. In the event you need additional information or assistance, please contact Rick Mackowsky who will act as our "expeditor" to make sure you are getting to the right person at the firm to handle any issues you have.

Two Avenues to Recovering Deepwater-Related Losses [Insurance Day]

November 01, 2010

Two Avenues to Recovering Deepwater-Related Losses - Insurance Day -

Deepwater Impact Rumbles On [Maritime Risk International]

October 01, 2010

Deepwater Impact Rumbles On - Maritime Risk International -

The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis [Cozen O'Connor Whitepaper]

May 14, 2010

The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis - Cozen O'Connor Whitepaper - By now you are no doubt aware of the disastrous explosions and fire at the Deepwater Horizon drilling rig in the Gulf of Mexico, with its tragic loss of life, and the resulting spill of oil that now threatens to become a major environmental catastrophe. The Deepwater Horizon catastrophe has already given rise to a multitude of third party claims directly against the responsible parties. It will undoubtedly give rise to numerous claims by individuals and businesses under their own first

Winter 2009 [Insurance Coverage Observer]

January 29, 2009

In this issue, we identify key coverage developments from the year 2008. We summarize recent court decisions dealing with coverage for toxic torts, environmental losses, construction defect and property losses. We also address new decisions in the areas of insolvency and reinsurance.

Cozen O'Connor Attorneys Obtain Significant Appellate Victories [Appellate Alert!]

November 20, 2007

Cozen O'Connor Attorneys Obtain Significant Appellate Victories - Appellate Alert! - Stephen A. Cozen, with the assistance of Elizabeth Chambers Bailey, recently obtained
victory in the United States Court of Appeals for the First Circuit on behalf of a Bank
in a negligent design case. Vazquez-Filippetti v. Banco Popular de Puerto Rico, Nos.05-2372, 06-1432 (1st Cir. Sept. 27, 2007). The plaintiff had suffered severe physical injuries when she was struck by a car while using the ATM machine

The Santa Ana Wind-Driven 2007 Southern California Wildfires: A First-Party Factual and Legal Analysis of the Santa Ana Wind-Driven Wildfires [Cozen & O'Connor Whitepaper]

November 14, 2007

The Santa Ana Wind-Driven 2007 Southern California Wildfires: A First-Party Factual and Legal Analysis of the Santa Ana Wind-Driven Wildfires - Cozen & O'Connor Whitepaper -

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