Cozen O’Connor: Utke, Mark E.

Mark E. Utke

Member

Philadelphia

(215) 665-2164

(215) 665-2013

Mark E. Utke's current practice focuses on the prosecution of complex product liability claims, wrongful death claims, construction defects, class action and fire litigation matters.

Based on his extensive jury trial practice in New Jersey, Mark is recognized by the Supreme Court of the State of New Jersey as a Certified Civil Trial Attorney, the highest distinction for New Jersey Trial Lawyers. Mark has obtained several significant jury verdicts in the field of complex product liability litigation. He is the first attorney in the country to successfully obtain a jury verdict against the CSST industry and is also the first attorney to obtain a jury verdict against Marley Engineered Products, a leading manufacturer of space heating products. He routinely lectures on subrogation and recovery issues and theories of liability to insurance adjusters, insurance recovery personnel, and professional associations. He also dedicates a significant amount of time to community pro bono projects.

Mark received his bachelor’s degree from the Virginia Military Institute in 1985 and earned his law degree at the University of Dayton School of Law in 1993. Prior to law school, Mark served as an Infantry Officer in the U.S. Army, where he attained the rank of Captain. While in the service, he competed for the title of Best Ranger in the Army.

Experience

News

Cozen O’Connor Members Lecture For NASP New Jersey

September 08, 2008

Cozen O’Connor Members Lecture For NASP New Jersey

Publications

CSST Industry Takes Two Punches to the Chin [Subrogation & Recovery Alert]

June 03, 2016

Mark Utke and Anthony Morrone discuss a recently imposed a city-wide ban on the installation of first-generation CSST products in new homes and commercial construction as well as a victory against a CSST manufacturer in federal court in Florida.

Subrogation and the 2014 Polar Vortex: Recovery Opportunities and Hurdles

February 19, 2014

Topics include: Causes of Freeze Losses, Subrogation Considerations on Freeze Losses, Subrogation Claims & Interruption of Gas Service & Impact of Tariffs and Statutes of Repose on Subrogation Claims

Deep Freeze: Evaluating Subrogation Claims Arising From The January 2014 Freeze In The Midwest And Eastern United States

January 23, 2014

January 5-7, 2014, a wide swath of subzero temperatures impacted much of the United States, from Montana eastward to New York, and southward to parts of Oklahoma and northern Alabama. Several major cities recorded their lowest temperatures in more than 20 years.

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

Lightning-Induced CSST Fires: Protecting Your Subrogation Rights [Subrogation and Recovery Alert!]

May 11, 2009

Lightning-Induced CSST Fires: Protecting Your Subrogation Rights - Subrogation and Recovery Alert! - Since the introduction of CSST, there has been an
increase in fire damage caused by lightning strikes. Direct and indirect lightning strikes can energize CSST, inducing current that attempts to use the metal conduit to reach ground.The corrugated design and the thin walls cannot withstand the energy produced, causing a
hole to be melted in the CSST.That hole results in the release of pressurized natural gas or propane into the structure

Eliminating the Comparative Fault of Your Insured in Fire Suppression Failure Cases [Subrogation Alert!]

December 22, 2008

Eliminating the Comparative Fault of Your Insured in Fire Suppression Failure Cases - Subrogation Alert! - Where a fire is caused by the acts or omissions of your insured, it is generally assumed that
subrogation recovery is not possible. In cases
where the insured itself causes a fire that could or should have been contained, the subrogation professional is faced with a seemingly insurmountable hurdle arising from the
conduct of the insured. Strong arguments exist, however, to preclude the comparative fault of the insured. The claim may be framed in terms of

Industry Sectors

Education

  • University of Dayton School of Law, J.D., 1993
  • Virginia Military Institute, B.A., 1985
  • New Jersey
  • Ohio
  • Pennsylvania
  • Vermont
  • U.S. District Court -- Northern District of Florida
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Western District of Michigan
  • U.S. District Court -- Northern District of Ohio
  • U.S. District Court -- Southern District of Ohio
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Middle District of Pennsylvania
  • U.S. District Court -- Western District of Pennsylvania
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • Burlington County Bar Association
  • Camden County (NJ) Bar Association
  • New Jersey State Bar Association
  • Pennsylvania Bar Association