Insurer's Declaratory Judgment Action Unripe

The Eastern District of Pennsylvania recently denied a Motion to Dismiss a Declaratory Judgment Complaint as premature when there was yet to be liability found against the insureds in the underlying actions.  The Court denied an insurer’s Motion to Dismiss and

Factual Allegations Required in Bad Faith Case

A Pennsylvania U.S. District Court Judge has dismissed a bad faith action in response to a 12(b)(6) motion. The Court applied long-standing principles of federal civil procedure in conjunction with the elements of Pennsylvania’s bad faith statute.

Follow the Rules or Suffer the Consequences!

In dismissing plaintiff's appeal, Pennsylvania's Superior Court cited a litany of errors and violations of the Pennsylvania Rules of Appellate Procedure. Plaintiff failed to cite to any relevant legal authority, failed to divide her brief “into as many parts as

No Negligence Without Causation

Every element of negligence must be proven. Plaintiff cannot recover if there is proof of negligence and danages, but no proof of a causal connection. For a detailed summary of the case of Koziar v.

Beyond the Statute of Limitations

The Middle District of Pennsylvania recently ruled that an insured’s breach of contract lawsuit against his auto insurer was not barred by the applicable four-year statute of limitations.  The Court denied Travelers Casualty Company’s Motion for Summary