Michael Wolfer is a Partner in Butler’s Subrogation and Recovery Department in Philadelphia. An experienced litigator, he concentrates his practice on property subrogation claims involving construction defects, product liability, structural failure, fire and explosion, water damage, and other casualty losses across the United States.
Michael has successfully represented clients in several high-profile cases, including a widely publicized roof collapse in Philadelphia’s Center City, resulting in a high-value recovery for his clients. Michael also represents clients’ interests in liability defense and insurance coverage matters and enjoys being an arbitrator for the Philadelphia County Arbitration Program.
Michael earned his law degree from Rutgers School of Law and his bachelor’s degree in political science from Columbia University, where he competed as a Division I wrestler for the Lions.
Recognitions
•Philadelphia Court of Common Pleas, Certified Civil Arbitrator
Media
Best Lawyers: Ones to Watch - 2025 Edition
Join us in congratulating our attorneys who were recognized in the Best Lawyers - Ones to Watch 2025 publication! You can click on their bios above to learn more about each attorney.Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their coll...
New York Court Emphasizes the Importance of Notice in Subrogation
An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the insurer’s subrogation claims? Like most answers to legal questions, it depends.Whether an insured’s release of a third party is binding against a subrogating insurer var...
Our Newest Partner - Michael Wolfer
Congratulations to Michael Wolfer for becoming our latest Partner at Butler Weihmuller Katz Craig! As a distinguished litigator focusing on property subrogation claims nationwide, Michael has earned acclaim for his success in high-profile cases, such as the Center City roof collapse in Philadelphia. His expertise extends to construction defects, product liability, structural failure, fire and expl...
Ones to Watch - 2024 Edition
Join us in congratulating our attorneys who were recognized in the 2024 Best Lawyers - Ones to Watch publication! Click on their icons to learn more.Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographic...
Ones to Watch - 2023 Edition
Join us in congratulating our attorneys who were recognized in the 2023 Best Lawyers - Ones to Watch publication! Click on their icons to learn more.Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical...
Pennsylvania Finds Exception to Anti-Subrogation Rule
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule prohibits insurers from subrogating against their own insureds. The Court in Arlet held that the rule does not apply where the insurer makes payments on a non-covered risk....
Attorney Spotlights; Michael Wolfer
Butler is proud to highlight the diversity among our team of attorneys. Many come from different backgrounds and walks of life. These experiences both professionally and in life are what bring a powerful dynamic and impact to the legal services we provide to our clients. This month, we highlight Philadelphia attorney Michael Wolfer.What type of legal work do you do, and how did you decide on a...
Best Lawyers - Ones to Watch 2022
Please join us in congratulating our attorneys for their inclusion in the inaugural edition of Best Lawyers: Ones to Watch. This list recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice.They have been recognized in the First Edition of Best Lawyers: Ones to Watch for their work in insurance litigation. Congratulations! Click their...
Best Lawyers - Ones to Watch
Please join us in congratulating our attorneys for their inclusion in the inaugural edition of Best Lawyers: Ones to Watch. This list recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice.They have been recognized in the First Edition of Best Lawyers: Ones to Watch for their work in insurance litigation. Congratulations! Click their...
IS AMAZON A SELLER? AN ISSUE PRIMED FOR STATE COURTS
The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the Southern District of Texas in McMillian v. Amazon.com, 433 F.Supp.3d 1034, joined the Third Circuit court of Appeals and the Western District of Wisconsin in finding that Amazon can be a “seller” under the applicable state product liabilit...
Michael Wolfer - Winner Of The Inaugural Impact Award
The production and distribution of scholarly content for the legal and insurance industry has been a critical component of Butler’s growth over the past 40 years. The Firm produces a diverse array of content that is distributed through various channels, such as blogs and articles on the Firm’s website; articles for trade and association publications; scholarly/academic content for legal treati...
District of New Jersey Rejects Waiver of Subrogation in Residential Solar Contract
New Jersey Manufacturers Insurance Group v. Vivint Solar, Inc., 2018 WL 1003745 (D.N.J. 2018)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. ...
And You are Not Done; The Future of Products Liability Claims Against Amazon Still Uncertain
This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue, however, appears to be far from settled as opinions addressing whether Amazon is a “seller” continue to hit dockets across the country. Federal courts applying various States' ...
How Amazon Disrupted Product Liability
This article is originally a publication of Property Casualty 360 on October 28, 2019. Legal opinions may vary when based on subtle factual differences. All rights reserved.Amazon is the quintessential example of a modern-day “disrupter.” From books to electronics to groceries and media, the trillion-dollar behemoth has significantly impacted almost every sector of the economy. Perhaps les...
Subro Sense Podcast - Unpacking Product Claims against Amazon
Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors. Recently, a U.S. Court of Appeals held for the first time that Amazon was a “Seller” and therefore potentially liable for defective products purchased on its website. Host Aaron Jacobs will be joined by guest Michael Wolfer as they discuss the ...
Congratulations to our Newest Senior Associates!
Please join us in congratulating Michael Wolfer and Gray Kelly for achieving the Senior Associate designation in our firm. We thank Michael and Gray for their service and commitment to the firm....
Amazon is subject to liability as “Seller,” rules the Third Circuit
In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its website by third-party vendors. While the Fourth Circuit in Erie Insurance Company v. Amazon.com, Inc., 2019 WL 215146, ruled in Amazon’s favor, Judge Motz wrote sep...
Should Amazon be Liable for Products Sold in its Marketplace?
Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third parties on its website. Most recently, Amazon avoided potential liability arising from a house fire caused by a defective headlamp. In Erie Insurance Company v. Amazon.com, In...
Notre Dame and Handling Tragic Losses
Imagine you just received an email with the subject line “New Assignment - April 15, 2019 loss - Paris, France.” You open the email and learn that you will be assisting in the rebuilding of Notre Dame.Immediately you realize this is not just another assignment. Notre Dame has served as a place of worship and a symbol of cultural heritage for nearly a millennia. People immediately gathere...
Lots of Cold Feelings in Pipe Freeze Claims
A recent Pennsylvania decision highlights the difficulties and critical issues associated with identifying potentially liable parties in pipe freeze cases.Freezing temperatures have captured the country’s attention once again. Videos and photographs of the Chicago tundra have gone viral on social media, serving as a reminder of winter’s icy grip. While pipe freezes may not be as visually stu...
District Judge in New Jersey Rules Waiver of Subrogation Provision in Residential Lease Is Unenforceable
Allstate New Jersey Insurance Company v. AvalonBay Communities, Inc., Case No. 16-5441, 2017 WL 1095473 (D.N.J. March 22, 2017).BackgroundThis case involved a subrogation action arising out of a fire loss at a residential apartment complex owned and managed by the Defendant. It is alleged that the Defendant’s maintenance workers caused a massive five-alarm fire while performing plumbing re...
