David M. Matejczyk

J.D. (1989) Case Western Reserve University School of Law, Cleveland, Ohio

M.P.A. (1983) Gannon University, Erie, Pa.

B.S. (1980) Alliance College, Cambridge Springs, Pa.

David has achieved significant six and seven digit recoveries through settlements and litigation (trial and appellate) on property subrogation losses during his career. His success can be attributed to immediate site visits, coordination of proper experts, knowledge of applicable codes/standards and the law. David has participated in hundreds of scene and forensic lab examinations involving fires, explosions, water losses, products, landslides, building/roof/retaining wall collapses, and construction defect cases involving the building trades.

It is not unusual on assignments for David to spend multiple days at a loss site. Through the years he has worked with most of the experts by trade assigned to Ohio losses, the state fire marshal's office, city investigators and other government investigators.

David has extensive experience with the requirements of NFPA 921 (Fire and Explosion Investigations), NFPA 51B (Standard for Fire Prevention During Welding, Cutting & Hot Work), NFPA 70 (National Electric Code), NFPA 30 (Flammable and Combustible Liquids Code - Gas), NFPA 58 (Propane), NFPA 13, 17 & 25 (Fire Suppressions Systems & Freeze Failures), NFPA 211 (Chimneys), NFPA 241 (Demolition), Building/Roof and Retaining Wall Collapses, Ohio Building Code and the Ohio Plumbing Code.

Representative Cases

  • Commercial gas explosion / seven digit recovery.

  • Natural gas explosion / $550,000.00 settlement.

  • Construction defect/plumbing failure / $516,000.00 recovery on water damages caused by plumbing errors in violation of the Ohio Plumbing Code.

  • Commercial chemical fire loss / seven digit recovery.

  • Fire loss / $425,000.00 settlement - improper use of pesticides in violation of Federal Insecticide Fungicide and Rodenticide Act.

  • Spontaneous combustion - multiple recoveries (Case examples: improper discarding of staining rags /in residential application / $210,000.00 recovery; improper use of chemicals in commercial fire loss / $425,000.00 recovery).

  • Multiple five and six digit recoveries involving contractor errors in failure to comply with NFPA 54 (National Fuel Gas Code), NFPA 58 (Liquefied Petroleum Gas Code - propane), NFPA 70 (National Electric Code), NFPA 211 (Chimney & Fireplace Inspections), NFPA 241/ ANSI standards/Ohio Building Code on demolition and excavation the Ohio Building Code and Ohio Plumbing Code.

  • Freeze failures and Sprinkler Systems. Multiple five and six digit settlements on freeze failures involving NFPA 13 Standard for Installation of Sprinkler Systems; NFPA 25 - Inspection Testing and Mainenance of Water-Based Fire Protection Systems.

  • Multiple six digit recoveries on home and commercial explosion cases involving fugitive natural gas, fugitive propane, leaks in consumer distribution systems as well as internal gas plumbing systems.

  • Multiple five and six digit recoveries involving hot work fires in violation of NFPA 51B.

  • Construction defects – multiple five and six digit recoveries involving construction defects involving all mechanicals (electrical, gas plumbing, venting and insulation).

  • Significant recovery involving failure to cap steam lines in violation of the Ohio Building Code and ANSI requirements.

  • Product Liability - multiple five and six digit recoveries involving appliances (i.e. dryers, dehumidifiers, battery chargers, lithium batteries, furnace failures.

Industry Involvement

David has devoted his entire legal career to the area of insurance subrogation. A member of the first Board of Directors of the National Association of Subrogation Professionals, he served as the chairman for the inaugural and two subsequent annual national conferences of the organization.

  • Conference Chairman, NASP National Conference, Atlanta, Georgia (2004)

  • Conference Chairman, NASP National Conference, Orlando, Florida (2000)

  • Conference Chairman, NASP First Annual Conference, Las Vegas, Nevada (1999)

  • Prior to entering the legal profession, worked in the Pennsylvania Governor's Office of Administration; served as legislative liaison for a major state agency involved in the Commonwealth's state construction projects and insurance risk management.

David has over a decade of service to the University of Akron having served as an adjunct faculty member teaching courses encompassing torts, product liability and contracts.

Honors & Awards

  • Martindale-Hubbell AV Preeminent Attorney Status, highest possible national peer rating on legal ability, professional and ethical standards. (2019 -awarded consecutive years since 2008)

  • Outstanding Alumni Award Recipient - Alliance College Alumni Association (2016)

  • University of Akron Adjunct Faculty Service Award (2005 and 2010)

  • President's Award, NASP (2004)

  • President's Award, NASP (2000)

  • NASP Appreciation Award / Inaugural NASP Convention (1999)

  • Commencement Speaker, Cambridge Springs High School 

  • Academic Awards (CWRU Law):

    • Dean Dunmore Award for Outstanding Legal Research & Advocacy
    • Distinguished Advocate Award
    • Dean's Best Brief Writing Award
    • Captain, National Moot Court Team
    • National Moot Court Best Brief Team Award for Region IV (Ohio, Michigan & Kentucky)
    • Order of Barristers

Presentations

  • Presenter, "Fires and Explosions Involving Death or Serious Injury; Complex Legal, Investigative & Ethical Issues," NASP Litigation Skills Conference, Palm Springs, Ca. (2019)   

  • Presenter, "Propane Explosions - Essential Elements to a Successful Investigation and Subrogation Recovery," - NASP Annual Convention, Orlando, Florida (2018)

  • Presenter, "Stains to Flames, Subrogating the Sponteous Combustion Fire," NASP Litigation Skills Conference, New Orleans, La. (2018)

  • Webinar Presenter / PLRB & NASP - Fire Scene Investigations (2018)

  • Subro College 400 - Instructor/Presenter Module II - Construction Defect Investigation and Related Issues (2018)

  • Presenter, "Sprinkler System Freeze Failures, Causes, Investigation and Successful Subrogation," - PLRB & NASP Webinar (2017)

  • Presenter, "Fire Scene Safety, Preservation & Relationships, Three Keys to a Safe & Successful Fire Investigtion," NASP Annual Conference - Austin, Texas (2017)

  • Guest Speaker, "Maximizing Property Subrogation Recoveries - Current Subrogation Trends," - America's Claims Event Annual Conference - Charlotte, NC (2017)

  • Presenter, "Overcoming the Independent Contractor Defense in a Subrogation Construction Case," - Litigation Skills Conference on Construction Defects - Phoenix, Az (2017)

  • Presenter, "When Claims and Flames Collide," - PLRB & NASP Webinar (2016)

  • Presenter, "Spot the Tortfeasor," Ohio Chapter NASP - Columbus, Ohio (2016)

  • Presenter, "Spot the Tortfeasor," NASP Annual Conference - Reno, Nevada (2015)

  • Guest Speaker, "Claims and Subrogation, Hand in Hand," Akron Claims Association (2014)

  • Presenter, "Ethics for Everyone," NASP Annual Conference - San Diego, Ca. (2013)

  • Presenter, Subro College 200 - Mock Mediation (Property Fire Loss with Injury),  NASP Annual Conference - Orlando, Florida (2011)

  • Presenter, "Legal Liability Considerations for Fire Departments and EMS - Seville Guilford Fire & EMS, Seville, Ohio (2011)

  • Presenter, Subro College 200 - Mediation, NASP Annual Conference - Grapevine, Texas  (2010)

  • Presenter, Subro College 200 - Litigation Overview Process, NASP Annual Conference, Las Vegas, Nevada (2009)

  • Speaker, Property Subrogation - Farm Claims, National Association of Mutual Insurance Companies - San Diego, Ca. 

  • Presenter, Subro College 100 – Mock Mediation (NASP Annual Conference 2008)

  • Presenter, Subrogation Breakfast Theater Mock Trial - NASP Ohio Regional Chapter - Westfield, Ohio (2008)

  • Speaker, "Ohio Tort Reform Impact on Property Subrogation," NASP Ohio Regional Chapter, Cleveland, Ohio (2005)

  • Speaker, “Subrogation Off the Beaten Path (Parental Liability, Bailments & Animal Claims),” NASP Annual Conference, Tampa, Florida (2002)

  • Speaker, “Subrogation Challenges,” NASP Annual Conference, Reno, Nevada (2001)

  • Guest Presenter at numerous in-house insurance training seminars

  • Presenter, "The Insured and Subrogation - Relationship Issues," Inaugural NASP Annual Conference! (1999)

Publications

  • "Subrogation Fires and Explosions Involving Death or Serious Injury," (Subrogator Magazine)

  • "Overcoming the Indepedent Contractor Defense in a Subrogation Construction Case," (Subrogator Magazine)

  • "Subrogating Pipe Freeze, Sprinkler System Freeze Failures and Plumbing Losses / Targets & Tips," (Subrogator Magazine) 

  • "The Complexities of Ohio Subrogation," (Cleveland Metropolitan Bar Journal)

  • “Pipe Freeze-A True Confession” (NASP Subrogator Magazine)

  • "Mental Capacity as a Challenge to an Intentional Act Exclusion," (NASP Subrogator Magazine)

  • “Ohio Tort Reform and its Impact on Property Subrogation Claims," (Subrogator Magazine)

  • “Claims Involving the Amish: Analysis of an Amish Liability Aid Plan,” (Subrogator Magazine)

  • “Overcoming Recovery Obstacles on Losses Caused by Juveniles,” (Subrogator Magazine)

  • Recognized contributor for the Ohio Chapter of “Workers Compensation Subrogation in all 50 States” “Torts, Contracts & Defenses.” (Co-authored) CSRP Course Text - 1st Edition

  • “In the Wake of Holeton, et al. v. Crouse Cartage, et al.” Co-authored (Subrogator Magazine)

  • “Workers Compensation Subrogation Returns to Ohio; An Analysis of Ohio’s New Workers Compensation Statute,” (Subrogator Magazine)

  • “Minimizing the Risk of Reimbursement Disputes on Medical Pay Claims” (Subrogator Magazine)

  • "NASP Enters Debate on Ohio Workers Compensation Statute," (Subrogator Magazine)

  • “Ohio Supreme Court Strike Workers Compensation Statute: An Analysis of Holeton v. Crouse Cartage, Co-authored (Subrogator Magazine)

Personal

Dave enjoys baseball in the summer and skiing in the winter.  He is former college baseball player, former sports information director and OHSAA umpire.  Dave has authored several guest columns in the Meadville Tribune (Pa.) and Erie Times News (Pa.); and appeared on public television as a guest on historical topics and general interest.  Dave and his wife, Glenna, have two two children, Alexandra and Danny.    

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