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Publication Date: 2021-01-11
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rice
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0012
Defendant insurer moved to bifurcate plaintiff's breach of contract and bad faith claims over coverage for injuries in an automobile accident and court found trying the breach of contract claim first would result in efficiency and judicial economy and stayed discovery on the bad faith claim. Motion granted.
Publication Date: 2021-01-11
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0014
Defendants-counterclaim plaintiffs moved for reconsideration of court's order dismissing their claim for declaratory relief in their action asserting claims for stacked underinsured motorist coverage and court found defendants' failure to comply with local civil rule 7.1(c) was sufficient grounds to deny their motion and they could not raise a new argument that could have been asserted previously. Motion denied.
Publication Date: 2021-01-10
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0010
Insurer's motion for summary judgment to reform a policy denied where there was a factual dispute over whether an insured noticed and assented to a scrivener's error in the policy that afforded greater coverage than requested by insured. Plaintiff's motion for summary judgment denied in part and granted in part.
Publication Date: 2020-12-21
Practice Area: Insurance Litigation
Industry: Insurance | Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Jones
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1381
Insurer moved for summary judgment in its action seeking a declaratory judgment that it had no obligation to indemnify under insurance policies and court found that writ of summons foundation received constituted a claim under the policy and foundation failed to provide timely notice of the claim to insurer. Motion granted.
Publication Date: 2020-12-21
Practice Area: Insurance Litigation
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1383
Insurer moved to dismiss dental practice's insurance claim for lost income from COVID-19 restrictions and court found the policy virus exclusion applied and the claims were not covered under the dental income or civil authority coverage. Motion granted.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2020-12-14
Practice Area: Insurance Litigation
Industry: Construction | Insurance
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1358
Liquidator argued for reconsideration of the priority level to be assigned to objector's claim and court found objector negotiated a settlement to best of his abilities after insurer refused to defend and objector's claim was "under policies for losses wherever incurred" and had to be assigned a class (b) priority. Ordered that NOD reflect a class (b) priority.
Publication Date: 2020-12-14
Practice Area: Insurance Litigation
Industry: Entertainment and Leisure | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1356
Plaintiff sought partial summary judgment in its action against insurer for coverage for its forced closure due to government-ordered COVID-19 restrictions and court found insurance policy's virus exclusion was unambiguous and barred plaintiff's coverage claim and neither the business loss nor civil authority provisions applied because plaintiff could not show physical damage or a reparable loss and shutdown order applied to its own operations. Motion denied.
Publication Date: 2020-12-14
Practice Area: Insurance Litigation
Industry: Distribution and Wholesale | Insurance | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1341
A product distributor established that the defendant manufacturer had a present-day duty to defend in this subrogation action based on clear language in the applicable purchase orders, though a declaration regarding the manufacturer's duty to indemnify was premature. The court granted in part and denied in part defendant distributor's motion for declaratory relief.
Publication Date: 2020-11-23
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1198
The court sustained a preliminary objection to plaintiff's claim for unfair trade practices, but plaintiff adequately stated claims for breach of contract and bad faith by an insurer.
Publication Date: 2020-11-16
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1150
There was no controversy for the court to adjudicate in this matter, where the defendant insurer had already reimbursed plaintiff for her medical expenses arising from personal injuries suffered in a motor vehicle accident, and where plaintiff failed to offer expert evidence to contest a medical opinion that all her accident-related injuries had resolved. The superior court affirmed.
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