ROBERT e. mCDIVITT III

Associate
King of Prussia, Pennsylvania

PRACTICE AREAS

Premises Liability

Transportation

Insurance Coverage

BAR ADMISSIONS

Pennsylvania, 2005

U.S. District Court Eastern District of Pennsylvania, 2005

EDUCATION

The Dickinson School of Law, Pennsylvania State University, J.D. 2005

Associate Editor of the Environmental Law Review

Study Abroad Program – University of Florence, Florence, IT

Pennsylvania State University, B.S. 2001

Gamma Sigma Delta – Honorary Fraternity of the College of Agricultural Sciences

Xi Sigma Pi, Eta Chapter – Honorary Society of the School of Forest Resources

Recipient of the Irvin C. Reigner Endowment

Rob brings over 12 years of experience to the firm. Rob focuses his legal practice in the areas of premises liability and transportation. Rob handles lawsuits from inception through final resolution, including arbitration, mediations and trials for corporations and a major retailer. Rob has participated as first and second chair in bench and jury trials, has obtained numerous favorable arbitration awards and successfully mediated multiple cases. Rob also has experience drafting and arguing complex motions and briefs, including appellate briefs.


Rob also has experience handling insurance coverage and insurance bad faith claims. Rob has provided advice to insurance companies on questions of insurance coverage and has represented them in declaratory judgment actions and insurance bad faith lawsuits when disputes have arisen over insurance coverage.


In addition to his legal practice at the firm, Rob also sits as an arbitrator in the Philadelphia Court of Common Pleas Compulsory Arbitration Program.


Rob is a graduate of The Dickinson School of Law, Pennsylvania State University where he was an Associate Editor of the Penn State Environmental Law Review. While in law school, Rob also participated in the study abroad program at the University of Florence.


Rob resides in the Roxborough neighborhood of Philadelphia with his wife and three girls. During his free time, Rob enjoys attending his daughters’ sporting and dance events. He also enjoys hiking and camping with his family.

Obtained numerous arbitration awards in favor of clients in premises liability and commercial motor vehicle claims.


Obtained summary judgment for the owner of an apartment complex in a trip and fall accident. Plaintiff alleged that she fell down the stairs due to a defective condition of the stairs. At deposition, plaintiff was unable to identify the defective condition that allegedly caused her to fall. Rob filed a motion for summary judgement based on plaintiff’s testimony and the court granted the motion in favor of the apartment complex.


Obtained declaratory judgement for an insurance company by motion to dismiss. The insurance company commenced a declaratory judgement action seeking a ruling by the court that it was not required to provide insurance coverage to a property owner against a claim for damages arising from the sale of a property. Rob filed a motion to dismiss based on the terms of the insurance policy and applicable law, and the court entered a judgment declaring that the insurance company was not required to provide insurance coverage to the property owner because the insurance policy did not provide coverage for claims arising from the sale of the property.


Successfully argued before the Pennsylvania Superior Court to affirm a motion to dismiss in favor of insurance company against a claim of insurance bad faith. Plaintiff was injured in an accident, and he was deemed physically unable to drive. The insurance company discontinued liability insurance to him while he was physically unable to drive, but Plaintiff claimed he was physically able to drive and the discontinuance of liability insurance was in bad faith. Rob filed a motion to dismiss arguing that insurance bad faith only applies to denials of coverage for an insurance claim and not discontinuance of insurance coverage to an insured. The trial court granted the motion to dismiss and the decision was affirmed by the Pennsylvania Superior Court.

Lectures

“Confidentiality Under the Pennsylvania Peer Review Protection Act”, PMDA News, November 2006, at 2 and 5

PRACTICE AREAS

Premises Liability

Transportation

Insurance Coverage

BAR ADMISSIONS

Pennsylvania, 2005

U.S. District Court Eastern District of Pennsylvania, 2005

EDUCATION

The Dickinson School of Law, Pennsylvania State University, J.D. 2005

Associate Editor of the Environmental Law Review

Study Abroad Program – University of Florence, Florence, IT

Pennsylvania State University, B.S. 2001

Gamma Sigma Delta – Honorary Fraternity of the College of Agricultural Sciences

Xi Sigma Pi, Eta Chapter – Honorary Society of the School of Forest Resources

Recipient of the Irvin C. Reigner Endowment

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The Law Offices of McDonnell & Associates serves clients throughout Pennsylvania and southern New Jersey in communities such as Philadelphia, King of Prussia, Harrisburg, Lancaster, Reading, Allentown, Scranton, Cherry Hill, Camden, Millville, and Atlantic City.

Metropolitan Business Center
860 First Avenue, Unit 5B
King of Prussia, PA, 19406
Phone: 610-337-2087
Fax: 610-337-2575

500 Marlton Pike West
Cherry Hill, NJ 08002
Phone: 856-429-5300
Fax: 856-429-5314