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Michael J. McLaughlin is a Partner 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, automobile and premises liability cases. He has successfully represented insurers in complex disputes involving code upgrade and ordinance or law coverage.  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 is a member of the Brehon Law Society, and enjoys volunteering with local pro bono organizations, including the Legal Clinic for the Disabled and Philadelphia VIP.  He actively participates in local insurance industry groups including the CLM, Philadelphia Loss Conference and The Honorable Order of the Blue Goose, International.

Admissions

  • New Jersey
  • Pennsylvania

Education

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

Memberships

  • Brehon Law Society
  • Claims and Litigation Management Alliance (CLM)
  • Philadelphia Loss Conference
  • The Honorable Order of the Blue Goose

Experiences

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)

Media

Knowing the Code: An Overview of Ordinance and Law Coverage

This article is originally a publication of the Claims and Litigation Management Alliance (CLM) Construction Claims magazine, Summer 2020. Legal opinions may vary when based on subtle factual differences. All rights reserved. After a lengthy adjustment involving numerous inspections, intense negotiations, and supplemental payments, a claims professional is about to close a particula...

Rising Star Michael Mclaughlin

Congratulations to Michael McLaughlin for being a Rising Star in the 2020 Super Lawyers list! Super Lawyers is a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations.They have also designated our Rising Stars for those attorneys who are 40 years and younger or have been in practice for 10 years or less. Rising Star selections are in the ...

Michael Mclaughlin: 40 Under 40!

Join us in congratulating Michael McLaughlin for being listed as a "40 Under 40" winner for Arcadia University! Click here to read more. Arcadia University’s "40 Under 40" recognizes the most promising, accomplished, entrepreneurial, creative, and inspiring alumni. The 40 individuals selected represent the diverse, global Arcadia community—across degrees, professions, regions, nationalities...

Pennsylvania Supreme Court Declines To Automatically Decide Questions Of Insurance Coverage For Covid-19

The Joseph Tambellini Restaurant in Pittsburgh, Pennsylvania recently filed an Emergency Application for Extraordinary Relief to the Pennsylvania Supreme Court pursuant to the Extraordinary jurisdiction statute of 42 Pa.C.S. § 726 and “King’s Bench Power” jurisdiction reserved for issues of immediate public importance asking the Court to rule on the question of insurance “coverage for los...

Congratulations to our Newest Partners of 2020!

As we move into the new year, please join us in congratulating our firm's newest Partners!...

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Michael Mclaughlin: 40 under 40!

Join us in congratulating Michael McLaughlin for being listed as a "40 Under 40" winner for Arcadia University! Arcadia University’s "40 Under 40" recognizes the most promising, accomplished, entrepreneurial, creative, and inspiring alumni. The 40 individuals selected represent the diverse, global Arcadia community—across degrees, professions, regions, nationalities, interests, and involvemen...

Butler Awards 8 laptops for the 2019 CTRL Your Future Contest

For the fourth year in a row, Butler Weihmuller Katz Craig has spread some end of the school year cheer to seniors in eight different locations. Butler’s annual CTRL Your Future essay contest was created by the Firm’s Community Service Committee to recognize deserving high school seniors who have exhibited a commitment to their academics. The winners in each city received a brand-new laptop wi...

Pennsylvania court rules insurer may still be responsible to pay RCV even if repairs never completed.

In situations where a property insurer denies coverage, the insured often complains that it is faced with a difficult dilemma – use its own money to fund repairs or avoid making repairs and risk having its recovery limited to actual cash value (ACV) if the insurer is later found liable for coverage. A Pennsylvania federal court recently clarified the insured’s ability to recover replacement co...

Advice For Dealing With Public Adjusters

Michael McLaughlin presented on the topic "Advice for Dealing with Public Adjusters" at the Philadelphia Loss Conference on January 15, 2019 in Conshohocken, PA. The presentation addressed strategies for working with public adjusters and challenging claimants. Topics included negotiating claims, getting the most out of property inspections, and ensuring effective communication with the insured in...

Working With Public Adjusters And Difficult Insureds

Join Michael McLaughlin as he presents on the topic "Working with Public Adjusters and Difficult Insureds" at the PLRB Eastern Regional Conference....

Super Lawyers 2018

The 2018 Super Lawyer's List is here, and we're excited to show you our latest Super Lawyers and Rising Stars at Butler! Super Lawyers, a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations, has selected multiple Butler attorneys as "Super Lawyers" in their area of practice. They have also designated our Rising Stars for those attorneys...

Who Really Owns that Mitigation Company? Pennsylvania and New York Law Says it Matters if It’s the Public Adjuster

It is not unusual for an insurance adjuster to arrive at a new loss to find that the insured has already hired a public adjuster and the public adjuster’s retained remediation company has started to clean up the site. While the quick response may be helpful, what if the adjuster later learns that the public adjuster has an ownership interest in the remediation company or receives a referral fee...

A Home After The Storm: How Does Additional Living Expense Coverage Respond To Insureds Impacted By Hurricanes?

This article is originally a publication of CLM Magazine, November 2017. Legal opinions may vary when based on subtle factual differences. All rights reserved. Hurricane Harvey recently displaced more than 1 million people, and news reports indicate that it left behind wreckage over an approximately 300 mile area. Hurricane Irma caused an estimated 6.5 million people to evacuate the storm in ...

Pennsylvania’s Highest Court Clarifies the Elements of a Statutory Bad Faith Cause of Action

For the first time, the Pennsylvania Supreme Court, the highest court in the state, enunciated the elements of a bad faith insurance claim brought pursuant to Pennsylvania’s bad faith statute, 42 Pa.C.S. § 8371. The decision can be found at Rancosky v. Washington Nat’l Ins. Co., No. 28 WAP 2016 (Pa. Sep. 28, 2017). Since the 1994 decision from the intermediate appellate court in Terletsky v...

Insurance Proceeds Payable to Tenant Diverted to Pay for Property Owner’s Back Taxes

The Third Circuit Court of Appeals sitting in Pennsylvania recently issued a precedential decision that interpreted the definition of a “named insured” under a tax delinquency statute to encompass tenants of a property even though the property owner, not the tenant, owed the delinquent taxes. In re: The Trustees of Conneaut Lake Park, No. 16-2516 (3d Cir. May 2, 2017). The Court held that the...

Common Legal Issues With Roofing Claims

Richard Gable and Michael McLaughlin spoke on the topic of Common Legal Issues with Roofing Claims on June 21st, 2016 in Philadelphia....

Shelter From The Storm: Potential Disputes In Handling Additional Living Expense Claims

A house fire can be one of the most disruptive events a family will face. But life must go on. A new place to reside is required pending repairs, children need to go to school, and pets need to be cared for....

Philadelphia Loss Conference January 2016 Dinner

Michael McLaughlin spoke at the Philadelphia Loss Conference Dinner on January 19, 2016 in Conshohocken, PA. Michael's topic was, "Legal Update on PA Insurance Related Case Law."...

La. Federal District Court Greatly Expands the Duty to Preserve in Response to a Litigation Hold Notice

A recent decision from the Western District of Louisiana raises new questions as to the traditional protocols followed in preserving records after the issuance of a litigation hold. In re Actos, No. 6:11-MD-2299, 2014 WL 2921653 (W.D. La. June 23, 2014). A class of plaintiffs sued pharmaceutical company Takeda Pharmaceuticals (“Takeda”) in a Multi-District Litigation (“MDL”) alleging its ...

Post-Complaint Communications by Insurer’s Employees Protected from Discovery in Bad Faith Litigation

A federal district court held that insurance company employees’ mental impressions recorded after the filing of a complaint constitute protected work product shielded from disclosure, rejecting the insured’s argument that these materials are “necessarily relevant” to a bad faith claim.  James T. Lane v. State Farm Mut. Auto. Ins. Co., No. 3:14-cv-011045-RDM (M.D. Pa. May 18, 2015) (J. Ma...

New 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). Click the link on the right to download pdf  ...

“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 the...

Michael McLaughlin