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Self-Insured Retention
> Subrogation & Recovery > People > Phelan, Robert W.
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Robert W. Phelan

Member

Office New York

Phone (212) 908-1274  Fax (866) 850-7490

Email rphelan@cozen.com

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

Robert prosecutes multi-modal claims and recoveries for domestic and international clients arising from air, land or sea losses occurring in Central and South America, Europe, and Asia.

He routinely handles complex losses involving failures in yacht design, construction, maintenance and operation including vessel collisions. 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 Law Association of the United States. 

Robert also frequently litigates Carmack inland marine transportation matters throughout the United States for clients regularly insuring domestic freight in interstate commerce. He has handled recoveries for such clients for damage to, amongst other things, jet engines, industrial machinery, IT equipment, pharmaceuticals, clothing, refrigerated foods, and specialized construction equipment. 

In addition, Robert has extensive experience litigating damage to fine art and antique furniture owned by art collectors, on loan to museums and bought from auction houses and galleries, during transit, in storage, and whilst on display. He has recovered for his clients and high net worth individuals for losses and damage to artwork created by artists and designers such as Andrew Wyeth, Ellsworth Kelly, Anish Kapoor, Mary Corse, Kaws, Adam McEwen, Joan Patten, Sam Francis, Carlo Scarpa, and Yayoi Kusama, amongst others.

Robert also litigates commercial property and high net worth individual personal property matters in New York and New Jersey, handling matters for subrogation clients damaged in such high-profile NYC tragedies as the 1993 WTC Bombing, the 2006 Bartha mid-town explosion, the 2010 seven-alarm fire in Chinatown, and the 2023 Ann Street parking garage collapse. He also just recently favorably concluded a complex eight-year construction litigation arising from a fire at a client's insured's Long Island mansion that caused over $20 million dollars worth of damages.

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. Robert completed the Russian politics certificate program at Saint Petersburg Mining University in 1993 and the European Union Law certificate program at Uppsala University in 1999.

 

Representative admiralty matters include:

  • Lead Panel Counsel for property damage claimants in litigation arising from destruction of Maryland's Francis Scott Key Bridge by the M/V Dali.
  • Retained by insurers of multiple million-dollar vessels damaged in 2025 Nautica Acqua (Olbia, Italy) shipyard and 2024 Atlantis Marina (NYC) fires.
  • Obtained 100% recovery of client's damages involving 2024 collision of 2 fishing vessels in The Claw off of Martha's Vineyard.
  • Subrogation attorney for client involved in French limitation proceedings arising from 2024 M/V Chem Argon allision with LPG terminal at port of Le Havre, France. 
  • Handled recoupment for client at Philadelphia Navy Yard damaged by 2022 tugboat allision.
  • Litigated 2021 grounding of high-speed passenger ferry, Commodore, on behalf of Seastreak and property insurer.
  • Handled subrogation relating to 2021 capsizing of Seacor Power liftboat after it ventured out into stormy conditions, resulting in the deaths of 13 workers supporting offshore work on oil-producing platforms off the coast of Port Fourchon, Louisiana.
  • Represented subrogated carrier in the maritime arrest litigation and achieved a greater than 100% recovery of paid claim arising from the 2021 allision of the bulker M/V Jalma Topic.
  • Successfully concluded a Rule C arrest and market subrogation litigation for property damage resulting from the 2020 collision of multipurpose ship M/V Nomadic Milde and bulker M/V Atlantic Venus on the Mississippi River.
  • Recouped monies for subrogated joint venture interests against a crane manufacturer and seller in litigation flowing from the Tappan Zee Bridge crane collapse of July 19, 2016.
  • Responsible for handling cargo claims arising from the 2015 Hurricane Joaquin sinking of the El Faro, a U.S. cargo ship heading from Florida to Puerto Rico with 33 lives lost.
  • Successfully litigated Central America-Europe contamination claim for palm oil commodity broker against charter party shipowner of chemical tanker.
  • Represented the subrogated insurer in federal litigation when the defendant failed to secure barges in advance of Hurricane Sandy, causing damage to seawall along the Passaic River, NJ.
  • Secured recovery for subrogated claimant from multiple limitation petitioners in a case that arose when a tug was towing a crane aboard a barge on the East River and the upright crane struck the Brooklyn Bridge in 2012.
  • Recovered payments for the insurer and a farm cooperative when a tugboat, M/V Wood, pushed barges that allided with a fertilizer facility along the Mississippi River in Palmyra, Mo.
  • Routinely represents international insurers in connection with multimillion-dollar yacht collisions and accidents in the Caribbean and Europe.
  • Prosecuted numerous property damage litigations both for and against yacht clubs in San Francisco and Antioch, Cal., and Mamaroneck, NY.

Robert Phelan Named Lead Panel Counsel for Property Damage and Subrogation Claimants in Francis Scott Key Bridge Collapse Case

November 11, 2024

Robert Phelan has been appointed lead panel counsel by United States District Judge James Bredar for all property damage and subrogation claimants in the litigation arising from the devastating Francis Scott Key Bridge collapse in Baltimore, Maryland.

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Robert Phelan Named Subrogation Community Leader for CLM

February 22, 2023

Cozen O’Connor is pleased to announce Robert W. Phelan, a member of the firm’s Subrogation & Recovery Department, has been named a Subrogation Community Leader for the Claims and Litigation Management Alliance (CLM).

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Does a Shipper Have a Duty to Procure Insurance when Shipping Artwork? [Alert]

February 22, 2023

Do shippers have a duty to procure insurance for damaged or lost property? This issue was recently raised in a case before the Southern District of New York.

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Holiday Gift – Federal Maritime Recovery Law Updated After 170+ years [Alert]

December 27, 2022

Robert Phelan discusses the Small Passenger Vessel Liability Fairness Act and its potential impact on the insurance industry.

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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.

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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.

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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.

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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

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US Toughens Up [Maritime Risk International]

March 01, 2008

US Toughens Up - Maritime Risk International - 2 pgs total. This article looks at a wave of recent developments to protect maritime trade and improve both the economy and safety.

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Sompo vs. Altadis/COGSA vs Carmack [Maritime Alert!]

October 09, 2007

Sompo vs. Altadis/COGSA vs Carmack - Maritime Alert! - 4 pgs total. In conclusion, despite the U.S. Supreme Court’s efforts in Kirby to adopt a single default rule on cargo liability for intermodal shipments, federal courts throughout the U.S. are nevertheless split on how to apply COGSA and Carmack in a consistent and methodical fashion. Until then, we recommend that our maritime clients take all necessary steps to protect their respective interests under both COGSA and Carmack.

MORE

Cars & Courts: Subrogating Unusual Auto Claims and in Unusual Courts 04/09/2025
NASP 2024 Annual Conference 10/27/2024
Shades of Gray: Ethical Issues in Property Damage Claims and Recoveries 03/13/2024
Subrogation Opportunities Connected to Construction Claims 07/19/2023
NASP 2022 Annual Conference 11/06/2022
Personal Property: Claims Involving Moving Companies and Jewelry Losses 05/25/2022
Collisions and Allisions 101 12/03/2020
Cranes and Artwork 101 11/15/2019
Webinar: Inland Marine Subrogation 101 08/09/2017

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Education

  • University of Minnesota Law School, J.D., cum laude, 2000
  • Georgetown University, B.S.F.S., 1995

Affiliations

  • Maritime Law Association of the United States - Proctor in Admiralty
  • Claims and Litigation Management Alliance (CLM)

  • CLM, Subrogation Community Leader

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