Cozen O’Connor: Mason, Richard C.

Richard C. Mason

Member

Philadelphia

(215) 665-2717

(215) 665-2013

New York

(212) 453-3730

Richard focuses his practice on representing clients in litigation and arbitration of insurance and reinsurance coverage disputes concerning professional liability claims, as well as property/casualty claims. He has served as lead trial counsel in multiple large disputes that have proceeded to verdict in arbitration. 

Richard is former chair of the Alternative Dispute Resolution Committee of the ABA’s Tort Trial & Insurance Practice Section, former chair of the ABA's Excess, Surplus Lines, and Reinsurance Committee, and past editor-in-chief of the Tort & Insurance Law Journal. He has served as an arbitrator, and as a mediator on numerous occasions, and serves as a Judge Pro Tem in the Commerce Court of Philadelphia. He is a member of the Professional Liability Underwriting Society (PLUS).

Richard’s insurance coverage background has emphasized complex disputes concerning coverage for professional liability (E&O), Directors & Officers and management liability policies, cyber-risk policies, opioid liability insurance coverage litigation, and environmental and toxic exposures. Richard also litigates and handles appeals of commercial fraud matters and other complex transactional disputes.

Richard's reinsurance experience includes representation of clients in such high-profile disputes as the London Market accident and health reinsurance spiral disputes, the Enron bond insurance coverage dispute, the WorldCom bond default insurance dispute, and multibillion-dollar property reinsurance claims in connection with September 11, 2001, World Trade Center losses. He has particular depth in the life, accident & health, and disability classes of reinsurance.

In 27 years of litigating insurance claims, Richard's clients have never suffered an award of bad faith damages.

Richard earned his undergraduate degree from Loyola University Maryland in 1987 and his law degree (with honors) from the University of Maryland School of Law in 1991.

Experience

News

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Richard Mason Quoted in Law360 on Impending PA Supreme Court Case Impacting Policyholders

June 03, 2015

The Pennsylvania Supreme Court is expected to decide a case that could impact policyholders' ability to settle litigation without their insurers' consent, while courts statewide hear disputes over coverage for faulty workmanship claims

Richard Mason Quoted in Law360 on the Indalex Ruling

September 25, 2014

Richard Mason of the Global Insurance Department was quoted in Law360's article "Indalex Ruling Threatens Insurers With Greater Tort Exposure." "The Pennsylvania Supreme Court's ruling not to review a decision finding that general liability policies can cover property damage and personal injury claims caused by a policyholder's defective products could significantly expand the insurance industry's duty to defend product liability suits, attorneys representing policyholders say."

Cozen O’Connor Member Richard Mason to Speak at ABA Tort Trial and Insurance Practice Section (TIPS) Symposium

January 07, 2010

Cozen O’Connor Member Richard Mason to Speak at ABA Tort Trial and Insurance Practice Section (TIPS) Symposium

Cozen O’Connor Names Five Attorneys Shareholder

September 10, 2009

Cozen O’Connor recently named five members shareholder: Tia C. Ghattas (Chicago), Richard C. Mason (Philadelphia), Mark E. Opalisky (Philadelphia), Frances R. Roggenbaum (Harrisburg) and Jason S. Schulze (Houston).

Cozen O’Connor Attorneys Participate In TIPS Annual Meeting

August 20, 2008

Cozen O’Connor Attorneys Participate In TIPS Annual Meeting

Publications

Eighth Circuit Finds Notice Within Policy Period Still Violated Claims Made Policy’s Notice Provision [Global Insurance Alert]

June 05, 2017

The decision is noteworthy because the court joined a limited number of other courts that have held that when an insured fails to provide notice “as soon as practicable” as required under a “claims made” insurance policy, the insurer may avoid coverage

Shaping the Law [Best's Review]

September 30, 2016

Richard Mason of the Global Insurance Department authors this Insight Regulatory/Law column on the Restatement of the Law of Liability Insurance.

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

March 02, 2016

Richard C. Mason and Kristie M. Abel discuss a recent decision by the Supreme Court of New Jersey that declared an insurance company was not required to show it suffered prejudice before disclaiming coverage on the basis of the insured's failure to give timely notice of the claim under a Directors and Officers claims made policy.

The False Claims Act and Professional Liability Insurance Policies [PLUS Journal]

April 30, 2015

Throughout the past decade, the federal False Claims Act has imposed billions of dollars in penalties upon corporations.

Eighth Circuit Deems Legal Threats a “Claim;” Regulation Requiring Prejudice Inapplicable [Global Insurance Alert]

February 02, 2015

On January 9, 2015, the U.S. Court of Appeals for the 8th Circuit handed down Philadelphia Consolidated Holdings Corp. v. LSI-Lowery Systems, Inc., which decided whether a technology company’s claim was covered under its professional liability policy. In LSI-Lowery, the court decided three issues of current importance for “claims made” policies. First, emails showing an expectation the insured would be sued meant that a “claim” had been made even though damages were not expressly demanded. Second, when it was made, the claim involved a “wrongful act,” even though it related to breach of a contract (an excluded circumstance). Third, a regulation mandating a finding of prejudice in order to prevail on “late notice” did not apply because there was no coverage under the policy in the first instance.

Reviver Statutes Open Window for Older Sexual Abuse Claims [Business Insurance]

February 01, 2015

Richard Mason of the Global Insurance Department discusses the recently enacted laws and how they can lead to fresh claims. Victims of sexual abuse are taking advantage of state reviver statutes to file claims that were previously time-barred, leading to unexpected exposures for religious and educational institutions, among others.

Third Circuit Upholds Defense Cost Reimbursement Clause in Professional Liability Policy [Global Insurance Alert]

November 06, 2014

On October 10, 2014, the 3rd Circuit Court of Appeals decided Camico Mutual Ins. Co. v. Heffler, Radetich & Saitta, LLP, where it enforced a policy clause providing for repayment to the insurer of defense costs, and confirmed that a 2010 Pennsylvania Supreme Court decision had not invalidated such clauses. The court also determined the insured’s employee was performing “professional services” as defined in the policy notwithstanding the employee’s fraudulent conduct.

Pennsylvania Supreme Court Notes Limited Reach of Multiple Trigger Rule in Insolvency Case [Global Insurance Alert]

August 04, 2014

On July 21, 2014, the Pennsylvania Supreme Court recently held, as a matter of first impression, that the Continuance of Coverage Provision of the Pennsylvania insurance insolvency statute, 40 P.S. § 221.21, precludes coverage for all “risks in effect” under an insurance policy, even when the policy was cancelled prior to liquidation.

Time-based Defenses Under E&O Policies [Webinar]

April 09, 2014

Claims Made and Reported Requirements, Retro Dates, Prior Knowledge and Prior/Pending Exclusions

Conn. High Court Clarifies Aggregate Limit and Number of SIRs Under Professional Liability Policy [Global Insurance Alert]

February 11, 2014

On January 28, 2014, the Supreme Court of Connecticut, in Lexington Ins. Co. v. Lexington Healthcare Group, Inc., 311 Conn. 29, addressed three issues that define the extent of coverage available under a medical professional liability policy. The court concluded that each claimant triggered a separate limit; an aggregate limit for professional lines claims applied; and a retention for each medical incident applied.

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence” [Global Insurance Alert]

December 19, 2013

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, concluded that an “occurrence” under a commercial umbrella liability policy may arise in the context of defectively manufactured components used in a home, which resulted in alleged property damage and bodily injury. This holding is the first appellate level decision in Pennsylvania in recent years to find an insured occurrence in the context of claims by homeowners.

Pa Court Holds Coverage is Barred Under Professional Liability Policy for False Claim Act Lawsuit Costs [Global Insurance Alert]

July 25, 2013

On July 16, 2013, the Pennsylvania Court of Common Pleas (Philadelphia County) granted summary judgment to ACE American Insurance Company, upholding its denial of an insurance claim arising from False Claims Act litigation against AmerisourceBergen Co. Richard Mason of Cozen O’Connor was lead counsel for ACE American Insurance Company.

Confidential? Not Necessarily [Best's Review]

June 10, 2013

Richard Mason, of the Global Insurance Department, discusses attorney-client privilege in Best's Review.

New York High Court Applies Pro Rata Allocation to Coverage for Sexual Abuse; Affirms Multiple Occurrence Finding [Global Insurance Alert]

May 22, 2013

On May 7, 2013, a divided panel of the NY Court of Appeals issued an important opinion, in Roman Catholic Diocese of Brooklyn v. National Union Fire Ins. Co. of Pittsburgh, Pa., 2013 N.Y. Slip. Op. 03264 (May 7, 2013). The court affirmed, by a plurality, the Appellate Division’s ruling that at least one occurrence per year of abuse transpired under the policy wording at issue.

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense Costs According to New York State Court [Professional Liability Alert]

March 20, 2013

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in responding to subpoenas issued by state and federal agencies, were covered (as defense costs) as “Claims” made under a not-for-profit individual and organization insurance policy issued by National Union. The case arose out of allegations that a Syracuse assistant basketball coach, Bernie Fine, had sexually abused two former participants in Syracuse University’s basketball program over a period of years while serving in his capacity as the University’s assistant basketball coach.1 The court held that issuance of the subpoenas constituted a “Claim” as defined in the policy.

Law Firm Disqualified After Its Client’s Party-Appointed Arbitrator Provided It With Panel Deliberations [Insurance Coverage Alert!]

October 12, 2011

Law Firm Disqualified After Its Client’s Party-Appointed Arbitrator Provided It With Panel Deliberations - Insurance Coverage Alert! - On October 3, 2011, the U.S. District Court for Southern District of New York disqualified a law firm from acting as counsel in a reinsurance arbitration. Northwestern National Ins. Co. v. Insco, Ltd., No. 11 Civ. 1124 (S.D.N.Y. Oct. 3, 2011).

Liability Insurance Coverage for Clergy Sexual Abuse Claims [Connecticut Insurance Law Journal]

April 01, 2011

Richard Mason, of the Global Insurance Department, co-authors this Connecticut Insurance Law Journal with Peter N. Swisher of the University of Richmond, discussing clergy sexual assault claims.

Recent Developments in Excess Insurance, Surplus Lines Insurance and Reinsurance Law [Tort Trial & Insurance Practice Law Journal, Winter 2010]

November 01, 2010

The Nonadmitted and Reinsurance Reform Act of 2009 would reduce the complexity of complying with state insurance regulations and tax regimes applicable to policies issued by nonadmitted insurers that cover risk exposures in more than one state.

Winter 2010 [Insurance Coverage Observer]

February 21, 2010

Winter 2010 - Insurance Coverage Observer -

Insurance Coverage Observer [Winter 2008]

February 26, 2008

In this issue, we consider a number of emerging issues and also identify key developments in coverage in 2007. We summarize new court decisions dealing with toxic torts, environmental coverage, insolvency and regulatory issues, and construction defect. We feature a key construction defect coverage case in Illinois with important implications. We address global warming in the context of directors with officers liability coverage. Finally, we discuss the emerging areas of fax blast and food contamination, and the impact of the reauthorization of TRIA.

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 -

Events & Seminars

Past Events

National ADR Forum

April 01, 2013 -

Industry Sectors

Education

  • University of Maryland School of Law, J.D., with honors, 1991

Awards & Honors

Who's Who Legal: Insurance & Reinsurance

Best Lawyers in America 2020

  • New Jersey
  • New York
  • Pennsylvania
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Southern District of New York
  • Professional Liability Underwriting Society (PLUS)
  • AIDA Reinsurance and Insurance Arbitration Society
  • Alternative Dispute Resolution Committee of the ABA
  • American Bar Association
  • Excess, Surplus Lines & Reinsurance Committee of ABA
  • New Jersey State Bar Association
  • New York City Bar Association
  • Pennsylvania Bar Association
  • Rotary Club International