Disciplined in Sophisticated Defense and Insurance Litigation

Michael J. McLaughlin is a Senior Associate at Butler who joined the firm in 2012. Working in the Philadelphia office, Michael is focused on areas that involve first-party coverage and casualty defense litigation. He also has experience in defending insurers against extra-contractual claims including bad faith, representing insurers in state and federal courts, and has defended insured and self-insured clients in personal injury, premises liability, and product liability cases.  Michael is also experienced in representing insurers in cases involving first party medical benefits under motor vehicle insurance policies, including claims for personal injury protection (PIP) benefits.  

Michael is skilled in oral argument, alternative dispute resolution, pleading and brief drafting, and taking depositions, and has been successful in obtaining favorable rulings in numerous cases. He has also supervised residential and commercial property inspections throughout the mid-Atlantic.  

His past experience involved working as a law clerk for Judge Susan Peikes Gantman of the Pennsylvania Superior Court. Michael received his Doctor of Jurisprudence, with honors, from Temple University’s James E. Beasley School of Law in 2008.  He also enjoys volunteering with local pro bono organizations, including the Legal Clinic for the Disabled and Philadelphia VIP.

Admissions

  • New Jersey
  • Pennsylvania

Education

  • Arcadia University
    Bachelor of Arts
  • Temple University
    Doctor of Jurisprudence

W.G. Tomko, Inc. v. Affiliated FM Ins. Co., Franklin County, Ohio C.C.P. (Aug. 21, 2014) (dismissing suit against insurer pursuant to suit limitations clause).

Year, Inc. v. Travelers Cas. Ins. Co. of America, Pennsylvania Super. Ct. (April 22, 2014) (affirming summary judgment ruling in favor of insurer per protective safeguard endorsement)

April 01, 2015 PUBLICATIONNew Jersey Expands Traditional Notions of Physical Loss or Damage

New Jersey courts continue to expand traditional notions of physical loss or damage in recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12-cv-04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J. Walls).

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Blog Posts

August 27, 2015 BLOG POSTLa. Federal District Court Greatly Expands the Duty to Preserve in Response to a Litigation Hold Notice

Takeda appealed the ruling to the Fifth Circuit Court of Appeals, but it reached a settlement in the MDL litigation in May of 2015 before appellate briefing commenced.  The Actos ruling is isolated to date; no other court has applied this holding or followed its interpretation.  

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June 10, 2015 BLOG POSTPost-Complaint Communications by Insurer's Employees Protected from Discovery in Bad Faith Litigation

The insured failed to articulate any type of argument that he could not obtain the substantial equivalent by other means without undue hardship.  The court recognized that the insured has the opportunity to conduct bad faith discovery, which may include deposing State Farm adjusters, to obtain the substantial equivalent...

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March 05, 2015 BLOG POST"Physical" Damage Without Any Tangible Change - New Jersey Federal Court Continues the Expansion of "Physical" Loss or Damage

New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12–cv–04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J. Walls). The Court held that a building suffered physical loss or damage after an ammonia release, even though there was no structural change or alteration to the property that required some degree of repair or replacement...

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Events

January 19, 2016 EVENTPhiladelphia Loss Conference January 2016 Dinner

Legal Update on PA Insurance Related Case Law

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Key Points
Practice Area CASE TYPE
  • Appellate
  • Bad Faith
  • Class Action
  • Construction Defect Litigation - Stucco
  • Coverage - Bodily Injury
  • Coverage - Business Interruption
  • Coverage - Business Owner's
  • Coverage - First Party Automobile
  • Coverage - First Party Property
  • Coverage - Homeowner's
  • Coverage - Inland Marine
  • Coverage - Property
  • Deceptive and Unfair Trade Practices
  • Extracontractual Claims
  • Personal Injury Protection
  • Structural Collapse
  • Underinsured Motorist