Frozen Pizza Quest No Reason for Fall

Recently, a Pennsylvania court evaluated a grocery store’s liability for injuries caused by known or obvious conditions.

The Plaintiff was shopping in a grocery store when she tripped and fell on a pallet displaying cases of water in the middle of the frozen

Be Careful Who You Join

There are often many entities potentially at fault for construction accidents. As a result, defendants often seek to join additional defendants that may not have been sued in order to reduce their liability. Joinder is a great strategy for limiting liability, but care must be taken that those sought to be joined actually share some part in causing a single injury.

No Coverage for Independent Rideshare Driver

An exclusion in a State Farm Insurance policy barring coverage for accidents occurring while giving rides in exchange for money is not voided by the Pennsylvania Ridesharing Act because the driver was an independent contractor and not an employee of a rideshare operator. See a detailed summary of the case of Harley v. Ribers' Club Cooperative

Pennsylvania Court Provides Gateway for Insureds to Keep Lawsuits in State Court

The Eastern District of Pennsylvania recently issued a decision that may help insureds interested in having their cases heard in state court rather than allowing those cases to be removed to Federal Court. In the case, a plaintiff defeated diversity by naming both the insurer and the claims adjuster as defendants. See a detailed summary of the case and the decision in Dominique Ellis v. Liberty Mutual Insurance Company

Lawful Possession Not Found for Vehicle Passenger

Pennsylvania's Superior Court holds that an insured riding as a passenger in a non-owned car did not have "possession" of the car for liabilty coverage purposes where she temporarily grabbed the car's steering wheel from the driver causing the car to colide with anoither vehicle. See a detailed summary of the case of State Farm Mutual Autonobile Insurance Company v. Dooner

No Property Damage for Negligent or Intentional Omissions in Home Sales

The United States District Court for the Eastern District of Pennsylvania recently held that an insurer did not act in bad faith or breach of contract when it refused to defend and indemnify an insured in an underlying action in which the insured was accused of concealing water damage, as there was no "property damage" as required by the insurance policy to trigger the insurer's duty to defend.