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Publication Date: 2022-07-18
Practice Area: Insurance Law
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge George
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0725
Court granted defendant insurance company's motion to dismiss case on the basis that plaintiff had signed a release which discharged defendant from all past, present, and future claims resulting from the accident at issue. Although plaintiff argued that there was a mutual mistake at the time of signing, the court held that Pennsylvania law treats releases as contracts and plaintiff was represented by counsel at the time of signing and indicated she understood the nature of the contract.
Publication Date: 2022-07-04
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0747
Insurer did not act in bad faith by instituting subrogation against its insured when the insured failed to notify the insurer about an auto accident or to respond to the insurer's communications seeking to confirm the insured's liability coverage. Defendant's motion for summary judgment granted.
Publication Date: 2022-06-27
Practice Area: Insurance Law
Industry: Financial Services and Banking | Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0714
Insurer moved for summary judgment in plaintiff's breach of contract action over insurer's refusal to cover wire transfers plaintiff made in response to fraudulent emails and court found plaintiff's claims were excluded under an endorsement and an exclusion denying coverage for losses precipitated by social engineering events such as hacking. Motion granted.
Publication Date: 2022-06-27
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0695
The nominal defendant, who was injured in the course of her employment, was collaterally estopped from relitigating the issue of her employment status in this declaratory action as she successfully raised and litigated that issue in a prior action for workers' compensation benefits. The court recommended affirmance.
Publication Date: 2022-06-06
Practice Area: Insurance Law
Industry: Insurance | Non-Profit
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0529
Plaintiff could not maintain negligence claims against the retail insurance agent and wholesale insurance broker it used to procure a commercial insurance policy through a co-defendant insurer as those two parties owed plaintiff no duty to review or provide advice upon notice of nonrenewal or to find replacement coverage. The court granted defendants summary judgment.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-05-23
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0575
Insurer was obligated to provide UIM coverage equal to bodily injury liability coverage limit where it had not obtained a new rejection of coverage form upon renewal of the policy term. Order of the trial court vacated, case remanded.
Publication Date: 2022-05-09
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0406
The court found that reasonable grounds existed to grant the preliminary injunction petitioned for by plaintiff such that insurance company was ordered to advance defense costs to plaintiff. Petition granted.
Publication Date: 2022-05-09
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0410
The court refused to dismiss plaintiff's bad faith claim against the defendant insurer, which claimed it had legitimate grounds to deny plaintiff coverage based on a lack of residency, where the proffered evidence made the issue of plaintiff's claimed residency questionable but not free from all doubt. The court denied defendant's motion for partial summary judgment.
Publication Date: 2022-05-02
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0488
Non-stacked underinsured motorist coverage limiting recovery to the highest applicable limit of any other second-priority policy was consistent with the stacking waiver statute under the Motor Vehicle Financial Responsibility Law and with public policy interests. Defendant's motion for summary judgment granted.
Publication Date: 2022-04-25
Practice Area: Insurance Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0446
Breach of insurance contract and bad faith claim failed where insureds pled merely conclusory allegations that insurer delayed in the investigation of their claim, after the insurer offered to pay what it valued the insureds' claim at. Defendant's motion to dismiss granted.
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