Robert W. Phelan

Member

New York

(212) 908-1274

(866) 850-7490

Robert Phelan litigates property subrogation matters and inland marine, maritime and other transportation cases involving shipping law, international trade law and private international law throughout the domestic United States. Based in New York City, Robert has been admitted pro hac vice to litigate such cases on behalf of clients in federal District Courts in California, Delaware, Florida, Indiana, Louisiana, Massachusetts, Maryland, Mississippi, Pennsylvania, and Virginia.

Robert handles claims and recoveries for domestic and international clients arising from air, land or sea losses occurring in the United States, Central and South America, Europe, the CIS, and Asia. He regularly handles complex losses involving failures in yacht design, construction and maintenance. Robert also frequently represents seawall, pier or bridge claimants in allision cases, either as a subrogating plaintiff or as a defendant in maritime limitation actions. In recognition of his handling of maritime matters, Robert has attained the status of a Proctor in Admiralty in the Maritime Lawyers Association of the United States.

Robert also frequently handles Carmack inland marine transportation cases throughout the United States for clients regularly insuring domestic freight in interstate commerce.

Robert earned a Bachelor of Science in Foreign Service from Georgetown University in 1995 and a law degree, cum laude, from the University of Minnesota Law School in 2000. 

 

News

Robert Phelan Receives Proctor in Admiralty Nomination by the Maritime Law Association of the United States

May 11, 2016

Robert W. Phelan, a member of Cozen O’Connor’s Subrogation & Recovery Department, received the nomination of Proctor in Admiralty by the Maritime Law Association of the United States (MLA).

Cozen O’Connor Names 17 Attorneys to Membership in the Firm

April 28, 2008

Cozen O’Connor has announced that 17 of its associates have been named members of the firm. ''We are extremely proud to welcome these highly qualified attorneys into membership in the firm,'' said Thomas A. Decker, president and chief executive officer of Cozen O'Connor, ''Their individual and combined contributions reflect the talent and strength of our firm.''

Publications

Ocean and Inland Marine Claims – An Introduction for the Subro Professional [Subrogation & Recovery Law Blog]

January 18, 2022

COGSA, Carmack, Allisons, and Himalaya Clause.  These terms may not mean much for a traditional property subrogation professional, but if you are going to diversify into the world of ocean marine and inland marine subro, then these are a few of the many terms you will need to become familiar with....

Bailment Law in a New York Wonka Warehouse

September 09, 2019

A recent New York trial court level case, MBNY LLC v. Larkin Cold Storage Co., Inc., examined another loss within a different candy storage facility that has two implications for cargo/marine subrogation clients.

“What’s in a name?” William Shakespeare, Romeo and Juliet, act 2, sc. 2 [Subrogation & Recovery Law Blog]

September 20, 2017

The United States Congress passed the Carriage of Goods by Sea Act in 1936. The purpose of COGSA was to establish a standardized set of definitions and rules to govern the terms and conditions used in ocean bills of lading. One of its key provisions, Section 4(5) limits a vessel’s liability for lost...

Federal Court Permits Subrogated Insurer to Seek Recovery from Tyco Despite a Waiver of Subrogation [Subrogation & Recovery Alert]

August 21, 2015

A good investigation into how cargo thieves breached a facility may allow a subrogated carrier to circumvent a Waiver of Subrogation defense.

Carrier's website does not limit liability under Carmack Amendment [Maritime Alert]

December 11, 2013

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of liability and the appropriate measure of damages.

Events & Seminars

Past Events

Collisions and Allisions 101

December 03, 2020 - Webinar

Cranes and Artwork 101

November 15, 2019 - Webinar

Webinar: Inland Marine Subrogation 101

August 09, 2017 - Webinar

Industry Sectors

Education

  • University of Minnesota Law School, J.D., cum laude, 2000
  • Georgetown University, B.S.F.S., 1995
  • New Jersey
  • New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- Southern District of New York
  • Maritime Law Association of the United States - Proctor in Admiralty