Frederick P. Marczyk represents clients in commercial, product liability, and class action litigation in the insurance, technology, consumer products, and entertainment industries. He has litigated disputes in trial, appellate, and bankruptcy courts throughout the country and has successfully mediated or settled numerous complex disputes prior to and during litigation.
Fred has extensive experience in insurance-related matters. He counsels insurer clients and litigates coverage and extra-contractual liability disputes relating to various types of primary, umbrella, and excess liability policies.
Fred’s considerable experience with insurance matters extends to trial, appellate, and bankruptcy courts throughout the country. These include:
- St. Paul Mercury Insurance Company v. The Order of St. Benedict, Inc., No. 0:15-cv-2617 (D. Minn.) Defeated motion to dismiss and obtained summary judgment on behalf of insurer client.
- Barth, et al. v. The Walt Disney Company, et al., No. 2:16-cv-2140 (E.D. Pa.) Obtained dismissal of lawsuit on behalf of clients based on the lack of personal jurisdiction.
- St Paul Fire and Marine Insurance Company, et al. v. Leopold, No. 5:14-cv-40 (D. Vt.), 14-4519-cv (2d Cir.) Obtained judgment on the pleadings in the District Court and affirmance in the Court of Appeals on insurer clients’ request for a declaration that they had no duty to defend or indemnify an insured in an underlying lawsuit.
- NBL Flooring, Inc. v. Trumbull Insurance Company, et al., No. 10-4398 (E.D. Pa.) Represented insurance company and its parent in a putative class action alleging improper audit practices and premium calculation. Obtained summary judgment for parent and defeated plaintiff’s motion for class certification.
- Whalen, et al. v. Catholic Mutual Relief Society of America, Inc., et al., DDV-2012-976 (Mont. Dist. Ct.) Obtained partial summary judgment on behalf of insurer clients regarding trigger of coverage and enforceability of 20-year old future claims release.
- In re Catholic Bishop of Northern Alaska, Nos. 08-110 and 08-90019 (Bankr. D. Alaska) and In re Society of Jesus, Oregon Province, No. 09-30938 (Bankr. D. Or.) Represented insurers in bankruptcy and adversary proceedings involving insureds that faced hundreds of underlying sexual abuse claims. Negotiated settlements that included buybacks of all policies and provided clients with the benefit of the channeling injunction in insureds’ plans for reorganization.
- Becker v. Farmington Cas. Co., No. 1:08-CV-2228 (M.D. Pa.) Defeated motion for remand and obtained judgment on the pleadings on behalf of insurer client.
- McPhillips v. Travelers Indem. Co., No. CV-622493 (Oho Ct. Com. Pls.), aff’d, Nos. 91286 and 91561 (Ohio Ct. App.), appeal denied, No. 2009-0812 (Ohio Sup. Ct.) Obtained summary judgment on behalf of insurer client in trial court, which was affirmed by court of appeals.
- RGP Dental, Inc. v. Charter Oak Fire Ins. Co., No. 04-445 (D.R.I.) Obtained summary judgment on behalf of insurer client.
- New Jersey
- University of Notre Dame Law School, J.D., 2002, cum laude
- The College of New Jersey, B.A., 1998
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of Pennsylvania