The Pennsylvania Supreme Court has granted the Third Circuit’s petition for certification of an issue that has puzzled insurers and their attorneys.
Recent News
PADC Members Visit Law School
Members of PADC recently volunteered their time to attend a panel discussion at Drexel University Thomas R. Kline School of Law for law students interested in practicing civil defense litigation. The event was jointly sponsored by the Pennsylvania Defense Institute.
Insurer Attempts to “Sack” Coverage of Trademark Suit based on “Financial Quarterback” Term
Erie Insurance Exchange recently filed suit alleging that it has no duty to defend or indemnify a financial planning company facing claims in federal court for willfully infringing a rival’s marketing slogan trademarks.
Insurer Burned by Duty to Defend Following Gasoline Fire
The Pennsylvania Superior Court recently reversed a trial court’s granting of summary judgment in favor of an insurer in a declaratory judgment action and ruled that coverage was owed to an insured following a fire at a vehicle dismantling facility. For a detailed
Bad Faith Claim Involving Underinsured Motorist Claim Dismissed for Inadequately Pled Complaint
The Middle District of Pennsylvania recently dismissed a bad faith claim holding that it lacked adequate factual support that an insurance company acted unreasonably in valuing an underinsured motorist claim. For a detailed summary of the case of Clarke v.
When an Exception Negates a Tort Liability Defense of Governmental Immunity
Pennsylvania's Commonwealth Court reversed a lower court‘s decision granting governmental immunity stating that the school fell into an exception that negated governmental immunity when the plaintiff child was injured when he ran into a cement wall while
Improper Service: No Harm, No Foul
A Pennsylvania Court determined that a plaintiff’s good faith attempts to effectuate service tolled the statute of limitations. For a detailed summary of the case of Mandarano v.
Court Grants MSJ, Finding No Duty to Indemnify
The Eastern District of Pennsylvania granted a MSJ in favor of a casualty insurance company, holding that it acted properly in denying coverage because the driver of the vehicle was not an insured under its policy. For a detailed summary of the case of Myers v.
A Matter of Factual Causation
The Pennsylvania Superior Court ruled that a plaintiff needed to establish factual causation, even when the defendant was found negligent and the plaintiff produced uncontroverted evidence of injury. For a detailed summary of the case of Koziar v.
Community Service Update
A great big thank you to everyone who volunteered at Jane Addams Place for Martin Luther King Day!! We spent time with the children, cleaned their play space, and took a room so disorganized that you could not even walk through it and turned it into something manageable through teamwork! Overall it was a productive and enjoyable day that was very much appreciated by the shelter staff and residents!!