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
Recent News
Insurer Burned by Duty to Defend Following Gasoline Fire
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!!
PA Supreme Court Holds "Household Exclusion" Invalid
The PA Supreme Court in a January 23, 2019 opinion om Gallagher v. GEICO addressed the enforceability of the automobile policy “household vehicle exclusion”. GEICO issued two household auto policies.
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.