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
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.
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.
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.
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
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.
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.
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
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.
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.