Cozen O’Connor: Feldman, Elliott R.

Elliott R. Feldman

Co-Chair, Subrogation & Recovery Department

Philadelphia

(215) 665-2071

(215) 701-2071

Recent News:

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Elliott R. Feldman serves as co-chair of the Subrogation & Recovery Department, which has been his principal area of practice for the past 30-plus years. Elliott joined Cozen O’Connor in 1982, and has litigated and tried numerous complex and substantial cases on behalf of the firm's insurance and commercial clients. Elliott is a member of Cozen O’Connor’s board of directors, and also serves on the firm's Management Committee.

Elliott received his Bachelor of Arts, summa cum laude, in 1975 from Temple University and, after doing graduate work at Harvard University, earned his law degree, cum laude, from Temple University School of Law in 1980. 

On a personal basis, Elliott and his family are highly engaged in supporting efforts of the Juvenile Diabetes Research Foundation to find a cure for Type 1 diabetes. Elliott is a former member of the board of directors of the JDRF’s Philadelphia Chapter.

Experience

Blogs

Subrogation & Recovery Law Blog

Commentary on current issues and developing trends in Subrogation & Recovery

http://www.subrogationrecoverylawblog.com/

News

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

64 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

May 21, 2019

Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor Ranked Fourth in Nation for Insurance by Law360

November 24, 2015

As part of its annual Top 100 rankings, Law360 ranked Cozen O’Connor fourth in the nation for the size of its insurance practice. Cozen O’Connor has 122 members across the firm’s 22 U.S. offices.

Cozen O’Connor Attorneys Named 2009 Pennsylvania Super Lawyers By Law & Politics

May 28, 2009

Cozen O’Connor is proud to announce that 52 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2009 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2009 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Cozen O’Connor Attorneys Named To 2008 Pro Bono Honor Roll By First Judicial District Of Pennsylvania

February 04, 2009

Twenty-one attorneys in Cozen O’Connor’s Philadelphia office have been named to the 2008 Pro Bono Roll of Honor of the First Judicial District (FJD) of Pennsylvania.

Cozen O’Connor Attorneys Named Pennsylvania Super Lawyers By Law & Politics

May 29, 2008

Cozen O’Connor is proud to announce that 42 attorneys from the firm’s Philadelphia and West Conshohocken offices have been named 2008 Pennsylvania Super Lawyers by Law & Politics, and will appear in the June 2008 issues of Philadelphia magazine and Pennsylvania Super Lawyers.

Publications

50 State Survey of Measure of Damages For Injury to Real and Personal Property [Jurisdictions Comparative Chart]

June 28, 2012

50 State Survey of Measure of Damages For Injury to Real and Personal Property - Jurisdictions Comparative Chart - This chart provides a general overview of the case law addressing the measure of damages for property damage in all 50 states as well as the District of Columbia.

Washoe Drive Wildfire [Subrogation and Recovery Alert]

January 23, 2012

Washoe Drive Wildfire - Subrogation and Recovery Alert -

Priority of Rights of Recovery Relating To Deductibles [Jurisdictions Comparative Chart]

July 19, 2011

Priority of Rights of Recovery Relating To Deductibles - Jurisdictions Comparative Chart - A common inquiry is whether the “first monies” principles in many states likewise control the distribution of deductibles (either property or
automobile). Many states have statutes or insurance regulations that control the distribution of automobile deductibles, and in some cases, confusingly, those statutes or regulations conflict with the law relating to “first monies” in property losses.

A Quiet Revolution: International Acceptance of Contingent Fee Structures [Subrogation and Recovery Alert!]

January 05, 2011

A Quiet Revolution: International Acceptance of Contingent Fee Structures - Subrogation and Recovery Alert! - Have an international loss but wary of pursuing due to concerns over high hourly rates? International resistance to contingent fee representation is rapidly evolving towards permitting such arrangements. This Alert describes jurisdictions now permitting contingent fee representation

Ethical Issues In The Context Of Investigaiton And Pursuit Of Property Damage Subrogation Claims [Subro Publications; Loss Site Investigations]

January 04, 2011

Ethical Issues In The Context Of Investigaiton And Pursuit Of Property Damage Subrogation Claims - Subro Publications; Loss Site Investigations - I. LOSS SITE INVESTIGATIONS/ SPOLIATION AND PRESERVATION OF EVIDENCE
What are the implications of the insured being advised that the insurer is undertaking a subrogation investigation? Does this undertaking necessarily include protection of the insured’s interests with respect to its uninsured losses? If the insured affirmatively requests the insurer to share information arising from the subrogation

Deductive Reimbursement: Insurer, Insured and Priority in Recovery Proceeds - Who Gets What and When [Subrogation and Recovery Theories of Liability]

November 29, 2010

Deductive Reimbursement: Insurer, Insured and Priority in Recovery Proceeds - Who Gets What and When - Subrogation and Recovery Theories of Liability - In handling recovery matters, issues constantly arise concerning deductibles, uninsured losses and additional claims that may be or are asserted by insureds. There may be legitimate uninsured losses sustained by an insured when there is insufficient coverage for the risk. There may be claims that, asserted at law, are subject to standards and measures of damage that differ greatly from the insurer’s contractual indemnity

Subrogation And The Ecomomic Loss Doctrine: A 50 State Survey [Subrogator]

November 04, 2010

Subrogation And The Ecomomic Loss Doctrine: A 50 State Survey - Subrogator - The generator in a $300,000 luxury motor home produces arcing which ignites engine oil and the resulting fire soon destroys the entire vehicle. Your insured's printing press is destroyed when the entire unit becomes engulfed in flames after a catastrophic failure due to a defect in its design. Soot covers the entire inside of a new vacation home after its furnace puffs back due to a malfunction in the HVAC system. A defect in the

Can I File Suit in The U.S. Against A Foreign Entity, And If So, Is It Worth It? An Analysis of Personal Jurisdiction and Enforcement of Judgments Against Foreign Entities [Subrogation and Recovery Alert!]

August 16, 2010

Can I File Suit in The U.S. Against A Foreign Entity, And If So, Is It Worth It? An Analysis of Personal Jurisdiction and Enforcement of Judgments Against Foreign Entities - Subrogation and Recovery Alert! - Have you ever handled a subrogation claim involving a product manufactured outside the U.S.? For most of us, the answer is an overwhelming yes. For such losses, many claims professionals are not aware of the ability to file suit in the U.S. against the responsible foreign manufacturers and sellers. This Alert discusses the criteria for asserting jurisdiction in the U.S. against a foreign tortfeasor, both for losses occurring in the U.S., as well as abroad.

Summer 2010 [Subrogation & Recovery Observer]

July 29, 2010

Summer 2010 - Subrogation & Recovery Observer -

Ask the Tough Questions [Subrogation and Recovery Checklist]

March 08, 2010

Ask the Tough Questions - Subrogation and Recovery Checklist - 1 page. This document contains a checklist of questions to ask the expert, witnesses, and yourself when evaluating a claim.

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

Chinese Drywall Litigation [Subrogation Whitepaper]

July 09, 2009

Chinese Drywall Litigation - Subrogation Whitepaper - In a prior Alert, Defective Drywall: The Not‐So‐Great Wall of China1, we discussed the reported problems with Chinese‐manufactured drywall (“Chinese drywall”). This whitepaper provides an overview of pending litigation
arising out of the issues associated with Chinese drywall. From 2004 through 2006, the housing boom and rebuilding efforts necessitated by various hurricanes led to a shortage of construction materials. As a result, U.S. builders and suppliers

Summer 2008 [Subrogation and Recovery Observer]

July 01, 2008

Summer 2008 - Subrogation and Recovery Observer -

Fall 2007 [Subrogation and Recovery Observer]

October 01, 2007

Fall 2007 - Subrogation and Recovery Observer - As football season gets underway and the exciting post-season baseball action has
started, Cozen O’Connor’s Subrogation Department is pleased to announce the continued expansion of our team roster. The Fall 2007 edition of the Subro Observer includes the introduction of five new attorneys in Philadelphia, Charlotte, Chicago, San Diego, and Los Angeles.

2007 Rocky Mountain Subrogation Seminar [2007 Rocky Mountain Subrogation Seminar - Program Book]

August 22, 2007

2007 Rocky Mountain Subrogation Seminar - 2007 Rocky Mountain Subrogation Seminar - Program Book - 95 pgs. This seminar booklet contains speaker profiles and PowerPoint presentations from the 2007 Rocky Mountain Seminar.

Subrogation and Recovery - Articles and Papers [Homeowners' Subrogation Claims: A Practicum on How to Maximize Your Recoveries]

January 13, 2006

Subrogation and Recovery - Articles and Papers - Homeowners' Subrogation Claims: A Practicum on How to Maximize Your Recoveries - Subrogation claims for personal lines losses generally fall into one of the following categories: electrical, mechanical, careless smoking, negligent or reckless misconduct by household residents or guests, building systems

Subrogation and Recovery - Articles and Papers [Ocean Marine and Inland Marine - Spoilation of Evidence in Ocean and Inland Marine Claims]

January 13, 2006

Subrogation and Recovery - Articles and Papers - Ocean Marine and Inland Marine - Spoilation of Evidence in Ocean and Inland Marine Claims - Spoliation of evidence has been defined as the destruction or material modification of evidence by an act or omission of a party. When spoliation of evidence has occurred, it can lead to the imposition of various judicial sanctions, including, as an extreme, the outright dismissal of a party’s claim, or

Subrogation and Recovery - Articles and Papers [Subrogation and Recovery Theories of Liability - Subrogation In The Eye of The Hurricane: How To Recover From Natural Disasters]

January 13, 2006

Subrogation and Recovery - Articles and Papers - Subrogation and Recovery Theories of Liability - Subrogation In The Eye of The Hurricane: How To Recover From Natural Disasters - Every person with a heartbeat empathizes with the suffering experienced by residents throughout the eastern seaboard, most especially Florida, as a result of a virtually unprecedented series of hard-hitting hurricanes. Weather forecasters predict this will be the continuing pattern for the next decade. The details of Hurricanes Charley, Frances, Ivan, and other tropical storms have begun to blur in our collective memory,

Criteria for Admission of Expert Opinion Testimony Under Daubert and its Progeny [Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations]

January 13, 2006

Criteria for Admission of Expert Opinion Testimony Under Daubert and its Progeny - Subrogation and Recovery - Articles and Papers Forensic Consultants & Loss Site Investigations - 10 pgs total. Topics: F.R.E. 702 As Amended To Reflect Ideology of Daubert; Application of F.R.E. 702 and Daubert Criteria to Subrogation Actions; Guidelines For Establishing Foundation for Admission of Expert Opinion Testimony in Subrogation Cases.

Subrogation and Recovery - Articles and Papers - Work Like and Insurance Company to Save Money [The American Institute of Certified Public Accountants]

January 13, 2006

Subrogation and Recovery - Articles and Papers - Work Like and Insurance Company to Save Money - The American Institute of Certified Public Accountants -

Contribution and Indemnity: Legal Requirements for Obtaining Recoveries From Joint Tortfeasors [Subrogation and Recovery - Articles and Papers]

February 06, 2004

Contribution and Indemnity: Legal Requirements for Obtaining Recoveries From Joint Tortfeasors - Subrogation and Recovery - Articles and Papers - 9 pgs total. There's a difference between contribution, subrogation and indemnity. Subrogation and indemnity are common law rights and are not allowed for voluntary payments. Contribution between joint tortfeasors...has become a statutory right in most states. In order to preserve your company’s rights of contribution or indemnity,...the underlying payment,...should be structured so as to preserve rights of recovery against other potentially responsible tortfeasors.

Events & Seminars

Past Events

2015 Omaha Subrogation Seminar

June 17, 2015 - Omaha, NE

Cozen O'Connor Richmond Subrogation Seminar

May 07, 2015 - Richmond, VA

2015 National Property Insurance Seminar

April 23, 2015 - New York, NY

2014 Omaha Subrogation Seminar

June 17, 2014 - Omaha, NE

2014 St. Louis Subrogation Seminar

June 16, 2014 - St. Louis, MO

Cozen O'Connor's 2013 New York Litigation Seminar

February 12, 2013 - New York, NY

2011 Rocky Mountain Subrogation Seminar

September 07, 2011 - Denver, CO

2011 Des Moines Subrogation Seminar

August 10, 2011 - Des Moines, IA

2007 NASP Conference - Subrogation And All That Jazz!

November 04, 2007 - New Orleans, LA

Education

  • Temple University School of Law, J.D., cum laude, 1980
  • Temple University, B.A., summa cum laude, 1975

Awards & Honors

FIRST JUDICIAL DISTRICT - 2008

Pro Bono Honor Roll of the First Judicial District of Pennsylvania 2008

Pennsylvania Super Lawyer 2004 - 2019

Best Lawyers in America 2020

  • Pennsylvania
  • North Carolina
  • U.S. District Court -- Arizona
  • U.S. District Court -- Connecticut
  • U.S. District Court -- Michigan
  • U.S. District Court -- Eastern District of Pennsylvania
  • American Bar Association
  • Association of Trial Lawyers
  • National Association of Subrogation Professionals (NASP)
  • Pennsylvania Association for Justice
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Philadelphia Trial Lawyers Association