5045 Park Avenue, Suite 2B
Seville, Ohio 44273
330-769-0911

David M. Matejczyk

David M. Matejczyk

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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 on property subrogation losses during his years of practice.  Much of his success on property files can be attributed to immediate site visits and coordination of proper experts.  David has participated in hundreds of scene and forensic lab examinations involving fires, explosions, water losses, products, building/roof/retaining wall collapses, and construction defect cases invovling all 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 had signficant recoveries through settlements and litigation (trial & appellate) as a result of 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, the International and Ohio Building Codes, and the Ohio Plumbing Code. 

DMM Scene Photo Bio Scene Exam DMM

Representative Cases

-Commercial gas explosion / seven digit recovery.

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

 -Commercial storage facility chemical fire loss / seven digit recovery.

 -Commercial fire loss caused by chemical reaction from misapplication of pesticides - $425,000.00 recovery.  Violation of Federal Insecticide Fungicide and Rodenticide Act..

 -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.

-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.

 -Multiple recoveries involving spontaneous combustion  (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).

-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).

-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.

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. For over a decade, he has served as an adjunct faculty member at the University of Akron teaching courses that encompass torts, product liability and contracts.  

  • Conference Chairman, NASP National Conference, Las Vegas, Nevada (1999)
  • Conference Chairman, NASP National Conference, Orlando, Florida (2000)
  • Conference Chairman, NASP National Conference, Atlanta, Georgia (2004)
  • 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.  

Honors, Awards

  • Martindale-Hubbell AV Preeminent Attorney status, highest possible national peer rating on legal ability, professional and ethical standards. (2018 - awarded conecutive 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 (1994):
  • 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, "Stains to Flames, Subrogating the Sponteous Combustion Fire," NASP Litigation Skills Conference, New Orleans, La. (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," - 2017 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 (2013)
  • Presenter, Subro College 200 - Mediation, NASP Annual Conference (2011)
  • Presenter, Subro College 200 - Mock Mediation, NASP Annual Conference (2010)
  • Presenter, "Legal Liability Considerations for Fire Departments and EMS - Seville Guilford Fire & EMS (2011)
  • Presenter, Subro College 200 - Litigation Overview Process, NASP Annual Conference (2009)
  • Speaker, Property Subrogation - National Association of Mutual Insurance Companies (San Diego)
  • Presenter, Subro College 100 – Mock Mediation (NASP Annual Conference 2008)
  • Presenter, Mock Subro Trial - NASP Ohio Regional Chapter (Westfield, Ohio 2008)
  • Speaker, "Ohio Tort Reform Impact on Property Subrogation," NASP Ohio Regional Chapter (Cleveland, Ohio)
  • Speaker, “Subrogation Off the Beaten Path,” NASP Annual Conference, Tampa, Florida (2002)
  • Speaker, “Subrogation Challenges,” NASP Annual Conference, Reno, Nevada (2001)
  • Speaker, “Subrogation and the Insured” NASP Inaugural Conf. (1st General session of NASP!) (1999)
  • Correspondent and Guest on numerous segments of "Baseball Phd"
  • Guest Presenter at numerous in-house insurance training seminars

Publications

  • "Overcoming the Indepedent Contractor Defense in a Subrogation Case," (Subrogator Magazine)
  • "Mental Capacity as a Challenge to an Intentional Act Exclusion," (NASP Subrogator Magazine)
  • The Complexities of Ohio Subrogation (Cleveland Metropolitan Bar Journal)
  • “Pipe Freeze-A True Confession” (NASP Subrogator Magazine)
  • “Ohio Tort Reform and its Impact on Property Subrogation Claims (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
  • “Claims Involving the Amish: Analysis of an Amish Liability Aid Plan” (Subrogator Magazine)
  • “Workers Compensation Subrogation Returns to Ohio; An Analysis of Ohio’s New Workers Compensation Statute.” (Subrogator Magazine)
  • “Overcoming Recovery Obstacles on Losses Caused by Juveniles” (Subrogator Magazine)
  • “Minimizing the Risk of Reimbursement Disputes on Medical Pay Claims” (Subrogator Magazine)
  • “In the Wake of Holeton, et al. v. Crouse Cartage, et al.” Co-authored (Subrogator Magazine)
  • "NASP Enters Debate on Ohio Workers Compensation Statute"
  • “Ohio Supreme Court Strike Workers Compensation Statute: An Analysis of Holeton v. Crouse Cartage, Co-authored (Subrogator Magazine)
  • Contibuting Writer & Guest Columns in  "The Erie Times-News," and "The Meadville Tribune"
  • WQLN - TV "Our Town" Guest Presenter
  • "Remembering Haller's Army: 100th Anniversary of Training Academy" ("The Am-Pol Eagle")   

Personal

  • Married
  • Two children
  • Former college baseball player. 
  • Former OHSAA high school baseball umpire. 

 

 

 

 
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