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Richard C. Mason

Co-Chair, Reinsurance Practice Group

Philadelphia
1900 Market Street
Philadelphia, Pennsylvania 19103
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(215) 665-2717
TF
(800) 523-2900
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(215) 665-2013
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    Richard C. Mason

    Richard C. Mason joined Cozen O'Connor in 1996, and co-chairs the firm's reinsurance practice.  He is admitted in New York, New Jersey, and Pennsylvania, and has a national practice. Richard focuses his practice in representing clients in litigation and arbitration of insurance and reinsurance coverage disputes concerning errors and omissions claims, life, accident and health, and disability claims, as well as property/casualty claims. He is the 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.

    Richard’s insurance coverage background has emphasized complex disputes concerning coverage for professional liability (E&O), clergy and scholastic sexual molestation claims, construction defect, food contamination, 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, personal accident reinsurance pool 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 is accomplished in negotiating and drafting commutations and portfolio transfers

    Richard earned his undergraduate degree from Loyola University Maryland in 1987 and his law degree from the University of Maryland School of Law in 1991.

    Engaged by an insurance regulator to assist in an examination of large group of insurance companies


    Handled the appeal of a $60 million award of damages for losses on insurance backing subprime leases, and persuaded the 6th Circuit Court of Appeals to reverse the damages award.


    Negotiated and drafted commutation structure for a large block of disability reinsurance business


    Advised leading domestic reinsurer on administration of portfolio of expatriate health and personal accident insurance.


    Defended insurance coverage claim arising from collapse of massive industrial silo in Trinidad and obtained summary judgment dismissing the claim for loss of the silo; obtained affirmance of that ruling from the 8th Circuit Court of Appeals.


    Managed all domestic legal aspects of a run-off of a $600 million block of accident and health reinsurance.


    Additional Practices

    News


    Cozen O’Connor Member Richard Mason to Speak at ABA Tort Trial and Insurance Practice Section (TIPS) Symposium

    January 07, 2010

    Cozen O’Connor Member Richard Mason to Speak at ABA Tort Trial and Insurance Practice Section (TIPS) Symposium

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    Cozen O’connor Names Five Attorneys Shareholder

    September 10, 2009

    Cozen O’connor Names Five Attorneys Shareholder

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    Cozen O’Connor Attorneys Participate In TIPS Annual Meeting

    August 20, 2008

    Cozen O’Connor Attorneys Participate In TIPS Annual Meeting

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    Publications

    “Insurance Coverage for Sexual Misconduct Claims,” 2012 ABA Insurance Coverage Litigation Committee 2012 CLE Seminar (co-author).

    “Liability Insurance Coverage for Clergy Sexual Abuse Claims,” 17 Conn. L.J. 355 (Spring 2011) (with Peter Nash Swisher)

    “Recurring Issues in Life, Annuity, and Health Reinsurance,” 18 (No. 2) ARIAS-US Quarterly 16 (2011) (with Robert Tomilson)

    “Recent Developments in Excess Insurance, Surplus Lines Insurance, and Reinsurance Law,” 45 Tort, Trial & Ins. L. J. 329 (Winter 2010) (co-author)

    “Perjury in Arbitration,” 17 (No. 1) ARIAS-US Quarterly 13 (2010)

    Annotations to Surplus Lines Statutes (5th Ed.) (Editor)

    “Cross-Examination Without a Comfort Blanket,” 15 (No. 3) ARIAS-US Quarterly 8 (2008)

    “Civil Liability for Aiding and Abetting,” 61 Bus. Law. 1135 (May 2006)

    “Insurance Derivatives Products: What’s There to Lose?” Risk Management (April 2005)

    “Application of the Absolute Pollution Exclusion to Toxic Tort Claims,” 33 Tort & Ins. L.J. 749 (Spring 1998)

    “Courts Reallocate Risks to Insurers, Best’s Review (Dec. 1998)

    “A Closer Look at Facultative Reinsurance,” 31 Tort & Ins. L.J. 641 (Spring 1996) (with Richard Pfeifer)

    “Transportation Insurance Co. v. Moriel: The Texas Supreme Court Sets Substantive and Procedural Controls on Punitive Damages Awards,” 30 Tort & Ins. L.J. 225 (Fall 1994)

    “J.H. France Refractories Co. v. All-State Ins. Co.: Pennsylvania Adopts the ‘Multiple Trigger’ in an Asbestos Case,” 29 Tort & Ins. L.J. 637 (Spring 1994)


    New York High Court Applies Pro Rata Allocation to Coverage for Sexual Abuse; Affirms Multiple Occurrence Finding

    May 17, 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.

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    Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense Costs According to New York State Court [Professional Liability Alert]

    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.

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    Law Firm Disqualified After Its Client’s Party-Appointed Arbitrator Provided It With Panel Deliberations [Insurance Coverage Alert!]

    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).

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    RECENT DEVELOPMENTS IN EXCESS INSURANCE, SURPLUS LINES INSURANCE, AND REINSURANCE LAW [Tort Trial & Insurance Practice Law Journal, Winter 2010]

    November 01, 2010

    RECENT DEVELOPMENTS IN EXCESS INSURANCE, SURPLUS LINES INSURANCE, AND REINSURANCE LAW - Tort Trial & Insurance Practice Law Journal, Winter 2010 -

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    Winter 2010 [Insurance Coverage Observer]

    February 21, 2010

    Winter 2010 - Insurance Coverage Observer -

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    Insurance Coverage Observer [Winter 2008]

    February 26, 2008

    Insurance Coverage Observer - Winter 2008 - Fifth Circuit Upholds Flood Exclusion in Katrina
    Decision….,… While Louisiana’s Fourth Circuit Court of Appeals Finds the Flood Exclusion Ambiguous, Application of Faulty Workmanship Exclusion Does not Require Showing of Proximate Cause, Louisiana's Value Policy Law Does not Apply When Total Loss Does not Result From a Covered Peril,Payment Under Law or Ordinance Coverage Required Showing of Actual Loss Incurred,Ensuing Loss Clause Do not Provide

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    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]

    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 -

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    Events & Seminars

    RAA Demystifying Reinsurance: A Basics of Reinsurance Course Chicago, IL 05/13/2013
    Tort Trial & Insurance Practice Section ADR National CLE Forum Washington, D.C. 04/24/2013
    ABA: Insurance Coverage Litigation Committee 25th Annual CLE Seminar Tucson, Arizona 02/27/2013
    Reinsurance Association of America: Re Claims 2012: Reinsurance Claims and Loss Management New York, NY 09/12/2012
    The Silverstein Properties Trial and the Issue of Contract Certainty in the Aftermath of September 11, 2001 via Teleconference 09/15/2011
    HB Litigation Conferences: The 17th Annual Insurance Insolvency & Reinsurance Roundtable Scottsdale, AZ 03/24/2010
    36th Annual TIPS Midwinter Symposium on Issues and Litigation Relating to Life, Health and Disability Insurance, Insurance Regulation, Employee Benefits and Reinsurance Naples, FL 01/14/2010
    ARIAS U.S. 2009 Fall Conference | Stimulating Debate:Tough Talk and Tough Economic Times New York, NY 11/12/2009

    Practice Areas

    Insurance

    Insurance Coverage & Claims Litigation

    Reinsurance

    Industry Sectors

    Insurance

    Education

    • University of Maryland School of Law, J.D., 1991
    • Loyola University Maryland, B.A., 1987

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania

    Court Admissions

    • U.S. Court of Appeals for the Eighth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. District Court -- Eastern District of New York
    • U.S. District Court -- Eastern District of Pennsylvania
    • U.S. District Court -- Middle District of Pennsylvania
    • U.S. District Court -- New Jersey
    • U.S. District Court -- Southern District of New York

    Affiliations

    • AIDA Reinsurance and Insurance Arbitration Society
    • Alternative Dispute Resolution Committee of the ABA
    • American Bar Association
    • Excess, Surplus Lines & Reinsurance Committee of ABA
    • New Jersey State Bar Association
    • New York City Bar Association
    • Pennsylvania Bar Association
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