Cozen O’Connor: Mullen, Mark T.

Mark T. Mullen

Senior Counsel

Philadelphia

(215) 665-2091

(215) 665-2013

Recent Publication:

Connecticut Supreme Court Clarifies (and Relaxes) the Default Rule for Subrogation Against Tenants [Alert]

Mark Mullen and Erick Kirker discuss the recent decision in Amica Mut. Ins. Co. v. Muldowney and how it changes of the law for subrogated insurers of landlords in Connecticut.

Mark Mullen has particular experience in federal court procedure, spoliation issues, and the economic loss doctrine.

Throughout his career handling subrogation matters for more than 30 years, Mark has investigated fires in refineries, warehouses, commercial properties, and vehicles, as well as explosions, building collapses, energy losses, machine failures, and floods all over the country and internationally. He has investigated failures in more than 20 states and six foreign countries and has tried cases or handled appeals in both state and federal courts in Delaware, Illinois, Maryland, New York, Ohio, Pennsylvania, Virginia, and the District of Columbia. Many of the cases he handles involve confidential settlements with the recovery of substantial monies for both insured and uninsured losses. Last year he successfully represented multiple insurers in a $25 million commercial loss that occurred at a dock/oil storage facility in Freeport, Grand Bahama.

Mark is a frequent author and lecturer on legal issues with specialization on the topics of federal court jurisdiction, practice and procedure and spoliation of evidence. Mark is active in The Children of The Father Foundation, a nonprofit Catholic Ministry involved in spiritual and corporal works of mercy.

Mark is a summa cum laude graduate of St. Joseph's University and a cum laude graduate of the Villanova University School of Law, where he served as a note and comment editor of the Villanova Law Review. Following graduation, he spent two years as a law clerk to The Hon. Donald W. VanArtsdalen in the U.S. District Court for the Eastern District of Pennsylvania. 

 

News

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

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Publications

Connecticut Supreme Court Clarifies (and Relaxes) the Default Rule for Subrogation Against Tenants [Alert]

November 20, 2018

Mark Mullen and Erick Kirker discuss the recent decision in Amica Mut. Ins. Co. v. Muldowney and how it changes of the law for subrogated insurers of landlords in Connecticut.

The Eleventh Circuit Affirms CSST Fire Verdict in Subrogation Case [Subrogation & Recovery Alert]

January 16, 2018

Mark Mullen discusses Eleventh Circuit's decision in a subrogation claim that also involved uninsured losses against Ward Manufacturing, Inc., one of the major manufacturers of corrugated stainless steel tubing (CSST).

IN RE: HURRICANE HARVEY, INVERSE CONDEMNATION AND POTENTIAL SUBROGATION ACTIONS [Subrogation & Recovery Whitepaper]

October 30, 2017

Mark Mullen and Raz Barnea analyze the statutory framework and existing decisional law relating to potential subrogation causes of action against governmental entities in connection with Hurricane Harvey.

Fires in Buildings Under Construction, Renovation or Demolition Present Unique Subrogation Challenges [Subrogation & Recovery Alert]

September 28, 2017

The most recent edition of the NFPA Journal, the Magazine of the National Fire Protection Association, highlights the unique dangers for large buildings under construction and renovation from significant fire damage to those buildings and surrounding properties.

The Supreme Court Gets “Specific” on Jurisdiction [Subrogation & Recovery Alert]

July 25, 2017

Mark Mullen discusses the Supreme Court's decision in Bristol-Myers Squibb Co. v. Superior Court of California and its potential impact on subrogation cases.

CPVC Plastic Sprinkler Pipes and Fittings - What they are, how they fail, and how to evaluate recovery issues

April 03, 2017

Cozen O’Connor recently provided a detailed presentation and power point on CPVC pipe failures. Here are a few of the slides documenting why this issue is important for subrogation professionals.

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations [Subrogation & Recovery Alert]

February 22, 2017

Mark T. Mullen and Sean P. O’Donnell discuss two recent decisions in federal courts that refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers.

Establishing General Jurisdiction Post-Daimler Using Waiver or Consent [Subrogation & Recovery Alert]

November 01, 2016

Mark Mullen discusses how to determining where to file suit in the wake of the Magill and Bors decisions following the Supreme Court’s decision in Daimler.

Subrogation in the Internet Age: Claims Against Online Providers [Subrogation & Recovery Law Blog]

August 11, 2016

Recently, a subrogation action was filed on behalf of an insurer alleging that a product sold on eBay and Amazon caused a fire for which the insurer is seeking recovery. The action was filed in state court and thereafter removed to federal court. This lawsuit again reminds us in the subrogation...

Federal Judges “Weigh In” on Expert Testimony [Subrogation & Recovery Alert]

August 03, 2015

Two recent decisions by district court judges in Philadelphia and one by the 4h Circuit in Richmond are encouraging to subrogation professionals because the challenges went to the weight rather than admissibility of the testimony.

Obtaining Weather Data in the Internet Age [Subrogation & Recovery Law Blog]

February 02, 2015

So far the Winter of 2014-15 has spared much of the country from the misery of last winter, but we still have a way to go. As we have just passed the halfway point of the four month season, it’s a good time to look at collecting weather data for subrogation claims where weather may be a contributing...

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure Requirements for Expert Materials [Subrogation & Recovery Alert]

April 21, 2014

In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with regard to testifying experts, i.e., experts you intend to call at the time of trial, were that: (1) drafts of expert reports to counsel are no longer discoverable; and (2) communications between experts and counsel are no longer discoverable unless they relate to (i) compensation or (ii) facts, data, or assumptions provided by counsel that were considered by the expert. For subrogation professionals, these changes were positive as the amendments’ goals were to reduce costs and time spent on discovery of draft reports and an expert’s discussions or communications with counsel. The changes were further meant to streamline the discovery process and focus the parties on issues that were more central to the case, which was also good news to folks handling subrogation litigation.

Subrogation: The Land of Missed Opportunity [Property Casualty 360]

September 05, 2013

In Property Casualty 360, Mark Mullen explains how property insurers handle thousands of claims per year, and most of them will not involve potential third-party responsibility. Nevertheless, claims professionals must remain vigilant as a missed subrogation opportunity on any loss, especially a large loss, impacts recoveries.

Are Smart Meters Causing Fires? [Subrogation & Recovery Law Blog]

September 10, 2012

Smart Meters are high tech devices being installed by utility companies to provide two-way wireless transmittal of information to and from a utility to track energy use more accurately and to enable utility companies to monitor power distribution load and usage and to remotely shut off electricity....

Pennsylvania Rejects Independent Action for Negligent Spoliation [Subrogation & Recovery Law Blog]

February 06, 2012

The Pennsylvania Supreme Court recently joined “the overwhelming majority” of states that have declined to recognize a separate cause of action in tort for negligent spoliation of evidence. In Pyeritz v. Commonwealth of Pennsylvania, __ Pa. __, 32 A.2d 687 (2011), the Court held that...

Third Circuit Opinion Splits Pennsylvania Product Liability Law [Subrogation and Recovery Alert!]

August 10, 2011

Third Circuit Opinion Splits Pennsylvania Product Liability Law - Subrogation and Recovery Alert! - Is there a negligence component in strict product liability law in Pennsylvania? According to the Federal Third Circuit Court of Appeals in Covell v. Bell Sports, Inc., No. 10-3860 (3rd Cir., June 21, 2011 Slip Op.) there is. This Alert reviews the Covell decision discussing the current split in Pennsylvania about negligence concepts in strict product liability law.

Use of Breach of Warranty Claims in Pursuing Subrogation Claims [Subrogation White Paper]

December 21, 2010

Use of Breach of Warranty Claims in Pursuing Subrogation Claims - Subrogation White Paper - The primary causes of action available to plaintiffs in typical property damage subrogation cases come from the law of torts with negligence and strict liability claims or the law of contract with breach of contract claims. In certain circumstances, breach of warranty provides an avenue of recovery. There is no single source of warranty law. Rather, there are different strands, some of which are statutory,

Summer 2010 [Subrogation & Recovery Observer]

July 29, 2010

Summer 2010 - Subrogation & Recovery Observer -

Fall 2009 [Subrogation and Recovery Observer]

October 01, 2009

Fall 2009 - Subrogation and Recovery Observer - Welcome to the Fall 2009 issue of the Cozen O'Connor Subrogation and Recovery Observer. In this issue, we report on our recent trial victories, notable settlements, and other newsworthy developments in subrogation issues

NFPA 921 and Proper Loss Site Investigation Techniques [Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations -]

January 13, 2006

NFPA 921 and Proper Loss Site Investigation Techniques - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - - 5 pgs total (1996 version). Fire origin and cause investigators must be intimately familiar with NFPA 921 given the current landscape of civil litigation and the parameters associated with the admissibility of expert testimony. Topics: ORIGIN AND DEVELOPMENT OF NFPA 921; INFORMATION ADDRESSED; IMPORTANCE OF NFPA TO THE CLAIMS ADJUSTER, EXPERTS AND COUNSEL. NFPA 921 was issued in '92 and focused primarily on the determination of origin and causes of fires and explosions involving structures.

Subrogation and Recovery - Articles and Papers [Spoilation of Evidence]

January 13, 2006

Subrogation and Recovery - Articles and Papers - Spoilation of Evidence -

Maximizing Recovery of Damages in Subrogation/Recovery Claims [Subrogation and Recovery - Articles and Papers]

January 13, 2006

Maximizing Recovery of Damages in Subrogation/Recovery Claims - Subrogation and Recovery - Articles and Papers - 7 pg total. Insuring that recovery representatives and adjusters are maximizing damages for which recovery is sought by way of negotiation, arbitration, or trial is a several step process. Therefore, we certainly want to start with the maximum provable damage claim that we can legitimately advance under the law. The goal is to have our figure as the starting point for negotiation rather than the other side’s lower figure.

Events & Seminars

Past Events

Webinar: Circles of Trust

November 22, 2016 - Webinar

Cozen O'Connor Richmond Subrogation Seminar

May 07, 2015 - Richmond, VA

Industry Sectors

Education

  • Villanova University School of Law, J.D., cum laude, 1983
  • St. Joseph's University, B.S., summa cum laude, 1980

Awards & Honors

Best Lawyers in America 2019

  • Pennsylvania
  • U.S. District Court -- Eastern District of Michigan
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania

Honorable Donald W. VanArtsdalen, U.S. District Court -- Eastern District of Pennsylvania 

  • American Bar Association
  • American Trial Lawyers Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Philadelphia Trial Lawyers Association
  • Philadelphia Volunteers for the Indigent Program