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.
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.
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
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."
January 07, 2010
Cozen O’Connor Member Richard Mason to Speak at ABA Tort Trial and Insurance Practice Section (TIPS) Symposium
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).
August 20, 2008
Cozen O’Connor Attorneys Participate In TIPS Annual Meeting
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
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.
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.
April 30, 2015
Throughout the past decade, the federal False Claims Act has imposed billions of dollars in penalties upon corporations.
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.
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.
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.
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.
April 09, 2014
Claims Made and Reported Requirements, Retro Dates, Prior Knowledge and Prior/Pending Exclusions
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.
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.
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.
June 10, 2013
Richard Mason, of the Global Insurance Department, discusses attorney-client privilege in Best's Review.
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.
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.
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).
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.
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.
February 21, 2010
Winter 2010 - Insurance Coverage Observer -
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.
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 -