Robert W. Phelan

Member

Robert Phelan litigates property subrogation and maritime, inland marine, and other transportation cases involving shipping law, international trade law and private international law. Based in New York City and admitted to the New York and New Jersey bars, Robert has also been admitted pro hac vice to litigate such cases throughout the domestic United States in federal District Courts in California, Connecticut, Delaware, Florida, Indiana, Louisiana, Massachusetts, Maryland, Mississippi, Pennsylvania, and Virginia.

Robert prosecutes multi-modal claims and recoveries for domestic and international clients arising from air, land or sea losses occurring in Central and South America, Europe, and Asia.

He routinely handles complex losses involving failures in yacht design, construction, maintenance and operation including vessel collisions. Robert also frequently represents seawall, pier, or bridge claimants in allision cases, either as a subrogating plaintiff or as a defendant in maritime limitation actions. In recognition of his handling of maritime matters, Robert has attained the status of a Proctor in Admiralty in the Maritime Law Association of the United States. 

Robert also frequently litigates Carmack inland marine transportation matters throughout the United States for clients regularly insuring domestic freight in interstate commerce. He has handled recoveries for such clients for damage to, amongst other things, jet engines, industrial machinery, IT equipment, pharmaceuticals, clothing, refrigerated foods, and specialized construction equipment. 

In addition, Robert has extensive experience litigating damage to fine art and antique furniture owned by art collectors, on loan to museums and bought from auction houses and galleries, during transit, in storage, and whilst on display. He has recovered for his clients and high net worth individuals for losses and damage to artwork created by artists and designers such as Andrew Wyeth, Ellsworth Kelly, Anish Kapoor, Mary Corse, Kaws, Adam McEwen, Joan Patten, Sam Francis, Carlo Scarpa, and Yayoi Kusama, amongst others.

Robert also litigates commercial property and high net worth individual personal property matters in New York and New Jersey, handling matters for subrogation clients damaged in such high-profile NYC tragedies as the 1993 WTC Bombing, the 2006 Bartha mid-town explosion, the 2010 seven-alarm fire in Chinatown, and the 2023 Ann Street parking garage collapse. He also just recently favorably concluded a complex eight-year construction litigation arising from a fire at a client's insured's Long Island mansion that caused over $20 million dollars worth of damages.

Robert earned a Bachelor of Science in foreign service from Georgetown University in 1995 and a law degree, cum laude, from the University of Minnesota Law School in 2000. Robert completed the Russian politics certificate program at Saint Petersburg Mining University in 1993 and the European Union Law certificate program at Uppsala University in 1999.

 
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Experience

News

Robert Phelan Named Lead Panel Counsel for Property Damage and Subrogation Claimants in Francis Scott Key Bridge Collapse Case

November 11, 2024

Robert Phelan has been appointed lead panel counsel by United States District Judge James Bredar for all property damage and subrogation claimants in the litigation arising from the devastating Francis Scott Key Bridge collapse in Baltimore, Maryland.

Robert Phelan Named Subrogation Community Leader for CLM

February 22, 2023

Cozen O’Connor is pleased to announce Robert W. Phelan, a member of the firm’s Subrogation & Recovery Department, has been named a Subrogation Community Leader for the Claims and Litigation Management Alliance (CLM).

Robert Phelan Receives Proctor in Admiralty Nomination by the Maritime Law Association of the United States

May 11, 2016

Robert W. Phelan, a member of Cozen O’Connor’s Subrogation & Recovery Department, received the nomination of Proctor in Admiralty by the Maritime Law Association of the United States (MLA).

Cozen O’Connor Names 17 Attorneys to Membership in the Firm

April 28, 2008

Cozen O’Connor has announced that 17 of its associates have been named members of the firm. ''We are extremely proud to welcome these highly qualified attorneys into membership in the firm,'' said Thomas A. Decker, president and chief executive officer of Cozen O'Connor, ''Their individual and combined contributions reflect the talent and strength of our firm.''

Publications

International Carriage Subrogation Recovery Limits Increased [Subrogation & Recovery Law Blog]

November 11, 2024

The Montreal Convention, (formally, the “Convention for the Unification of Certain Rules for International Carriage by Air”) was adopted in 1999 by the International Civil Aviation Organization (ICAO) and came into effect in in 2003, when the United States became the 30th State Party to ratify the...

Does a Shipper Have a Duty to Procure Insurance when Shipping Artwork? [Alert]

February 22, 2023

Do shippers have a duty to procure insurance for damaged or lost property? This issue was recently raised in a case before the Southern District of New York.

Holiday Gift – Federal Maritime Recovery Law Updated After 170+ years [Alert]

December 27, 2022

Robert Phelan discusses the Small Passenger Vessel Liability Fairness Act and its potential impact on the insurance industry.

State Negligence Broker Liability Claims allowed by Supreme Court for Trucking Subrogation [Subrogation & Recovery Law Blog]

October 19, 2022

Frequently, freight brokers attempt to deny subrogation claims for cargo damaged in transit on a truck by arguing that they are accorded broker status and do not have the same strict liability as a “Motor Carrier” under The Carmack Amendment. However, a recent action by the United States...

Ocean and Inland Marine Claims – An Introduction for the Subro Professional [Subrogation & Recovery Law Blog]

January 18, 2022

COGSA, Carmack, Allisons, and Himalaya Clause.  These terms may not mean much for a traditional property subrogation professional, but if you are going to diversify into the world of ocean marine and inland marine subro, then these are a few of the many terms you will need to become familiar with....

Events & Seminars

Upcoming Events

NASP 2025 Annual Conference

October 26, 2025 - San Diego, CA

Cozen O’Connor’s Subrogation & Recovery Department will sponsor, and numerous attorneys will present at the National Association of Subrogation Professionals (NASP) 2025 Annual Conference, “Feel the Need…the Need for Subro”.

Past Events

NASP 2024 Annual Conference

October 27, 2024 - Phoenix, AZ

NASP 2022 Annual Conference

November 06, 2022 - Marco Island, FL

Collisions and Allisions 101

December 03, 2020 - Webinar

Industry Sectors

Education

  • University of Minnesota Law School, J.D., cum laude, 2000
  • Georgetown University, B.S.F.S., 1995
  • New Jersey
  • New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. District Court -- Maryland
  • Maritime Law Association of the United States - Proctor in Admiralty
  • Claims and Litigation Management Alliance (CLM)

  • CLM, Subrogation Community Leader