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Deborah Metzger Mulvey
M s. Mulvey's practice is focused on complex litigation, including insurance coverage and third party litigation.  She specializes in complex legal and factual scenarios, cases of first impression, multi-party/multi- suit litigation, and choice of law issues. 

Ms. Mulvey recently relocated to Denver, Colorado from the East Coast, where she spent twenty years litigating in Pennsylvania and New Jersey, state and federal courts.  She is experienced in defending corporations and individuals in a variety of disciplines, including construction, insurance, transportation, public entity liability, product liability, medical malpractice, and general liability.  Her work experience includes handling and management of high profile litigation and extra-contractual liability matters, as in-house counsel with major insurers.

s. Mulvey has worked with a wide array of first party and third party instruments, including ISO forms, manuscript policies, package policies, pool programs, and unique programs such as occupational accident programs. Her work includes analysis and litigation of obligations as among primary policies as well as excess/umbrella policies, generally in the non-continuous exposure context.

BAR ADMISSIONS

  • Pennsylvania and Eastern District of Pennsylvania, 2006
  • New Jersey and District of New Jersey, 1993
  • Pro hac vice: New York, Delaware, and Florida

REPORTED DECISIONS

  • Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., — F.3d —, 2014 WL 5410643 (D. N.J. Oct. 22, 2014) (loading of trailer, contractually required to be insured by tractor owner, was “use” of tractor under “loading and unloading” doctrine of omnibus statute, therefore, state case law, which voids all exclusions in loading cases, mandates coverage for ensuing bodily injury claim).
  • Hutton v. KDM Transport, —  F.3d — , 2014 WL 3353237 (E.D. Pa. Jul. 9, 2014) (state law service of process rules govern to determine that service of process on employee-defendant was defective, meaning that statutory time limit for removal neither started nor expired before Notice of Removal was filed, thus disallowing remand to state court).
  • McKenney v. Jersey City Medical Center, 330 N.J.Super. 568 (App.Div. 2000), aff’d 167 N.J. 359 (2001) (attorney client privilege did not relieve counsel of the obligation to inform adversary of material change in witness’ dispositive testimony where counsel was made aware of discrepancy between deposition and planned testimony, prior to witness taking stand).
  • Estrada v. Hendricksaw Corp., 302 N.J. Super. 262 (App.Div. 1997) (fellow employee immunity applies to plaintiff’s former coworker who removed guard from machinery, even though coworker was no longer in the same employment at the time of injury).

REPRESENTATIVE MATTERS

  • Obtained a favorable written decision in a pro-plaintiff jurisdiction mandating that a decedent's own Uninsured Motorist coverage must be exhausted prior to trigger of federal (MCS-90) surety obligations.
  • Successfully defended an electronics equipment manufacturer against a strict product liability claim that wiring caused fire, effectively establishing other defendants' liability under construction and general liability theories.
  • Represented defendants against negligent entrustment and vicarious liability claims involving close questions of employment status, in the context of negligent work and intentional acts to cause property damage in excess of six figures.
  • Successfully established liability of a broker and a consignor based on unique facts involving knowledge of driver condition and credentials, to reduce exposure under MCS-90 applicable to independent contractor's liability in multi-suit/multi-party where accident was caused by illness.
  • Managed large books of claims against Louisiana and California public entities that were insured for various types of losses under pool and association programs, personally conducting officer and employee interviews, directing litigation strategy, and negotiating resolutions where appropriate.

ARTICLES & PUBLICATIONS

  • No More Excuses: New Jersey Rejects the “Totality of Circumstances” Approach for a Late Notice of Claim against a New Jersey Public Entity, Deborah Metzger Mulvey.April 12, 2013
  • New Jersey Coverage Update: Wind-Driven Rain May Blow in Carriers' Favor - Deborah Metzger Mulvey, November 27, 2012
  • LegalBuild, Summer 2009 Issue, September 23, 2009

PROFESSIONAL & CIVIC INVOLVEMENT

  • City of Castle Pines Planning and Zoning Commission
  • Election Judge, Douglas County, Colorado
  • Daughters of the American Revolution
  • Minority Inspector of Elections, 657th Uwchlan 5 Precinct, Chester County, PA (2006-2015)
  • Philadelphia Bar Association, Insurance Committee and Advancing Civic Education for Philadelphia Parkway High School (2014-2015)
  • Philadelphia Bar Association Legal Line
  • Supreme Court of New Jersey Commission on Professionalism, Appointee (2000-2002) Richard J. Hughes American Inns of Court, Union County, N.J., Barrister (1994-2002)
  • American Bar Association, Young Lawyers Division, Practice and Ethics Committee; Seminar Speaker and Coordinator (1994-2002)
  • New Jersey State Bar Association, Trustee; Served on Civil Trial Bar Section Executive Committee, Professional Responsibility Committee, Insurance Section, Public Relations Committee Chair, Membership Committee; Young Lawyers Division Chair (1993-2004)
  • Union County Bar Association, Trustee, Young Lawyer Section Chair (1993-2002)


 




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