Disciplined in Sophisticated Defense and Insurance Litigation

Michael J. Wolfer is an Associate with the Philadelphia office of Butler. His primary focus is Subrogation and related commercial litigation involving Construction, Trucking, and Product Liability, which as resulted in many large recoveries on behalf of his clients. In addition, Michael defends first-party coverage claims and third-party liability claims.

Michael thoroughly investigates losses and promptly provides clients with practical recommendations. He has significant experience with fire losses and the multiple issues that often arise during fire investigations including origin and cause determination, spread theory, and suppression system performance. Michael also handles cases involving construction defects, building collapse, water damage, as well as other types of property damage.

Michael graduated from Columbia University where he competed as an NCAA Division I collegiate wrestler. After graduation, Michael went on to earn his Doctor of Jurisprudence from Rutgers School of Law. Prior to joining the firm, Michael practiced at a large Philadelphia firm managing an extensive caseload of commercial and personal lines insurance subrogation claims. 

Admissions

  • New Jersey
  • Pennsylvania

Recognitions

  • Philadelphia Court of Common Pleas, Certified Civil Arbitrator

Education

  • Columbia University, New York
    Bachelor of Arts in Political Science
  • Rutgers University School of Law
    Doctor of Jurisprudence

Memberships

  • Board Secretary of Columbia Club of Philadelphia
  • Philadelphia State Bar Association

Courts

  • Philadelphia's Court of Common Pleas
  • United States District Court - District of New Jersey

Court Decisions

COURT DECISIONDistrict Judge in New Jersey Rules Waiver of Subrogation Provision in Residential Lease Is Unenforceable

This case is significant because it shows that the existence of a waiver of subrogation provision is not sufficient, by itself, to determine the validity of subrogation rights.  A review of the circumstances (and application of contract principles) is required to determine whether the waiver is valid and enforceable.

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COURT DECISIONDistrict of New Jersey Rejects Waiver of Subrogation in Residential Solar Contract

Recently, Judge Sheridan of the District of New Jersey rejected a waiver of subrogation in a residential solar contract, finding that the contract was one of adhesion and that the waiver was against public interest. New Jersey Manufacturers Insurance Group v. Vivint Solar, Inc., 2018 WL 1003745 (D.N.J. 2018), involved a home in Union, New Jersey insured by New Jersey Manufacturers Insurance Group (NJMIG). In 2014, the homeowner’s were approached by a door-to-door salesman from Vivint Solar, Inc., and ultimately entered a Contract with Vivint for the design, installation, service and maintenance of a residential solar panel system for their property.

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Key Points
Practice Area CASE TYPE
  • Construction Defect Litigation
  • Coverage - First Party Property
  • Fire Spread Litigation
  • Manufacturer Liability
  • Products Liability
  • Subrogation