Richard J. Maleski



(786) 871-3940

(305) 704-5955

Richard J. Maleski joined Cozen O'Connor in 2013 and is a member in the firm's Subrogation & Recovery Department. Rick practices in the firm's Miami office. He joins the firm from the Miami-Dade State Attorney's Office, where he was responsible for the prosecution of felony criminal cases. While an Assistant State Attorney, Rick tried over 20 jury trials and over 100 bench trials.

Rick earned his J.D. from Washington & Lee University School of Law. During law school, Rick clerked for the U.S. Attorney's Office in the Southern District of California and was a legal intern for the Hon. Nora Barry Fischer of the U.S. District Court for the Western District of Pennsylvania. Rick earned his undergraduate degree from Franklin & Marshall College.


Cozen O’Connor Promotes 17 Attorneys to Membership

April 03, 2017

The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.

Documenting Subrogation Loss Means Getting Lots of Photos

February 17, 2017

Joseph Rich and Richard Maleski, of Cozen O'Connor's Subrogation and Recovery department, hosted a firm webinar that was featured in a Claims Journal article titled, "Documenting Subrogation Loss Means Getting Lots of Photos."

Cozen O’Connor Continues Growth of International Subrogation and Recovery Department

November 25, 2013

Cozen O’Connor is pleased to announce the continued expansion of its internationally recognized Subrogation & Recovery Department with the recent addition of four attorneys. Lawyers who have joined the firm’s Subrogation & Recovery Department in 2013 include Virginia Markovich, member in the New York office; Philip J. Berens, an associate in Los Angeles; Richard J. Maleski, an associate in the Miami office; and Marie-Pier Nadeau, an associate in the Toronto office.


Implied Coinsured? Subrogation Actions Against Condominium Tenants [Alert]

June 09, 2020

Rick Maleski and Dan Harrington discuss the ruling in Erie Ins. Exchange v. Alba et al., and its impact on subrogation professionals.

Game of Experts: A Song of Frye & Daubert in Florida State Courts

June 18, 2019

Rick Maleski and Joe Rich discuss Florida's move from the Frye standard back to the Daubert standard.

Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose

September 20, 2018

Richard Maleski and Joseph Rich discuss the decision in Gindel et. al. v. Centex Homes et. al., and its impact on the tolling of the statute of repose in Florida.

Spoliation of Evidence in Florida, What does the Jury Really Know? [Subrogation & Recovery Alert]

January 29, 2018

Rick Maleski discusses the duty to preserve evidence, possible sanctions for spoliation of evidence, and standard spoliation jury instruction for all civil cases.

Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose [Subrogation & Recovery Alert]

July 18, 2017

Richard Maleski discusses a new law that went into effect July 1 and should be considered by insurance adjusters when evaluating a potential subrogation claim based on a construction defect.

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims [Subrogation & Recovery Alert]

August 22, 2016

Richard Maleski discusses a recent order from a federal judge that provides insurers with additional authority to support pursuit of recovery claims in personal injury contexts.

Restatement Wars – Florida Upholds 2d Restatement Consumer Expectations Test for Design Defects [Subrogation & Recovery Alert]

January 26, 2016

Rick Maleski and Joe Rich discuss the Florida Supreme Court's decision in Aubin v. Union Carbide Corp. that made clear that the Second Restatement test known as the “consumer expectation test” is the law in Florida for product liability claims based on a design defect, not the Third Restatement of Torts, which uses a “risk utility test” requiring plaintiffs show a reasonable alternative design for a product.

Events & Seminars

Past Events

Webinar: Building a Better Subro Claim

February 14, 2017 - Webinar

Industry Sectors


  • Washington and Lee University School of Law, J.D., 2010
  • Franklin and Marshall College, B.A., cum laude, 2007
  • Florida
  • Virginia
  • U.S. District Court -- Northern District of Florida
  • U.S. District Court -- Middle District of Florida
  • U.S. District Court -- Southern District of Florida