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Mark E. Utke

Member

Philadelphia
1900 Market Street
Philadelphia, Pennsylvania 19103
P
(215) 665-2164
TF
(800) 523-2900
F
(215) 665-2013
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    Mark E. Utke

    Mark E. Utke is a member of the firm and practices in the Subrogation & Recovery Department of the Philadelphia Office.  Mark’s current practice focuses on the prosecution of complex product liability claims, construction defects, 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 Airborne Ranger in the U.S. Army, where he attained the rank of Captain.

    Handled a lawsuit against Omegaflex for their brand of faulty CSST called TracPipe. The jury was convinced that CSST is a defective product and that Omegaflex, a major manufacturer of CSST, should bear strict liability for all damages.Omegaflex's faliure to ever test TracPipe's ability to withstand the energy from an indiract lightning strike when properly bonded proved fatal to the company's defense. The jury awarded our client 100 percent recovery of both the subrogated and uninsured losses.


    Additional Practices

    News


    Cozen O’Connor Members Lecture For NASP New Jersey

    September 08, 2008

    Cozen O’Connor Members Lecture For NASP New Jersey

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    Publications


    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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    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

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    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

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    Events & Seminars

    National Association of Subrogation Professionals: New Jersey Chapter Meeting South Planfield, NJ 05/24/2011

    Practice Areas

    Subrogation & Recovery

    Products Liability

    Construction

    Insurance Coverage & Claims Litigation

    Industry Sectors

    Insurance

    Education

    • University of Dayton School of Law, J.D., 1993
    • Virginia Military Institute, B.A., 1985

    Bar Admissions

    • New Jersey
    • Ohio
    • Pennsylvania

    Court Admissions

    • Ohio Supreme Court
    • U.S. Court of Appeals for the Third Circuit
    • 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 -- Western District of Michigan
    • U.S. District Court -- Western District of Pennsylvania

    Affiliations

    • Burlington County Bar Association
    • Camden County (NJ) Bar Association
    • New Jersey State Bar Association
    • Pennsylvania Bar Association
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