A report by a Lexis/Nexis company shows that there has been a major increase in the numbers of filed federal insurance cases in the last several years. The report also confirmed that federal courts are far more likely to rule in favor of insurers than claimants.
Recent News
Insurance Disputes Being Filed More Often in Federal Courts
Insurer Must Defend Cyberbully Accused of Instigating Suicide
A U.S. District Court Judge has ruled in a declaratory judgment action that an insurer must defend its insured in a suit brought agaunst its insured alleging cyberbullying by the insured resulting in plaintiff's suicide.
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.
Philadelphia Too Oppressive for Personal Injury Suit
The Pennsylvania Superior Court recently affirmed a trial court’s ruling regarding the transfer of venue from Philadelphia County to Somerset County in Pennsylvania. For a detailed summary of the case of Timothy Watson v. Nick J.
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
Auto Salvage Business Entitled to Coverage Against Claims resulting From Explosion in Yard
The Superior Court of Pennsylvania recently held that an auto salvage business is entitled to coverage against claims that an explosion in its yard resulted in fire damage to neighboring properties.
Heroic Efforts Gone Wrong: Can an Insurer Be Sued for Bad Faith in Denying Claim?
The Middle District of Pennsylvania recently ruled that an insurer did not act in bad faith in denying a claim to a woman who was injured while attempting to stop a robbery. For a detailed summary of the case of Smerdon and Spaulding v.
Attorney-Client Privilege Under Siege in Philadelphia
An issue that comes up when representing companies is whether the outside attorney defending the company also represents the company’s employees.
Definition of "Premises" Defines Extent of Coverage
A Pennsylvania federal court recently decided whether a landlord’s insurer can shift a shopping center’s responsibility in a slip and fall case to a tenant’s insurer. For a detailed summary of the case of Liberty Mutual Insurance v.