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Publication Date: 2023-09-25
Practice Area: Insurance Litigation
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1590
Insurer moved to dismiss plaintiff's bad faith claim over insurer's denial of uninsured motorist benefits after plaintiff bicyclist was hit and injured by an uninsured motorist and court found plaintiff failed to state a plausible claim of bad faith. Motion granted.
Publication Date: 2023-09-25
Practice Area: Insurance Litigation
Industry: Insurance | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:22-cv-02431-JMG
Plaintiff insurer moved to dismiss Sibley's counterclaims of negligence and bad faith based on Sibley's contention he was an intended third-party beneficiary of professional liability policies issued by plaintiff to McGogney and Barr and court found Sibley's counterclaims were barred by the gist of the action and economic loss doctrines. Motion granted.
Publication Date: 2023-09-18
Practice Area: Insurance Litigation
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1748
Court lacked jurisdiction to hear insurer's appeal of district court order stating insurer had a duty to defend appellee under the policy because orders declaring the meaning of a contract were not enforceable by contempt unless district court explicitly so provided and district court's order was not final and did not direct insurer to undertake any defense or advance costs. Appeal dismissed.
Publication Date: 2023-08-21
Practice Area: Insurance Litigation
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff: Patrick J. Murphy, Quarles & Brady LLP, Milwaukee, WI; Robert L. Byer, Thomas E. Sanchez, Duane Morris, Pittsburgh, PA; Gavin Fung, Liberty Mutual Insurance Company, Boston, MA; Ralph J. Luongo, Kennedys CMK, Philadelphia, PA for appellants.
for defendant: Robert R. Anderson, III, Christopher A. Johnson, Margaret Truesdale, Hughes Socol Piers Resnick & Dyn, Chicago, IL; Timothy R. Smith, Pion, Nerone, Girman, Winslow & Smith; Ralph J. Luongo, Kennedys CMK, Philadelphia, PA; Myles D. Morrison, James P. Ruggeri, Ruggeri Parks & Weinberg, Washington, DC; Michael A. Shiner, Tucker Arensberg, Pittsburgh, PA for appellees.
Case Number: 21-3032
Noting that the exception to the final judgment rule for appellate court jurisdiction required injunctive relief and that none of the District Court's partial summary judgment orders rose to the functional equivalent of an injunction, the court ruled that it did not have jurisdiction to review the orders.
Publication Date: 2023-07-17
Practice Area: Insurance Litigation
Industry: Insurance | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Diamond
Attorneys: For plaintiff:
for defendant:
Case Number: 21-4807
Defendant insurer moved to dismiss plaintiff's action for coverage for COVID-19 losses from closing its stores and adding safety facilities and court found plaintiff failed to show the "direct physical loss or damage" required by the policy and the contamination exclusion provision also barred coverage. Motion granted.
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Authors: Joseph S. Britton
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Publication Date: 2023-07-17
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1732
Defendant insurer moved to dismiss plaintiffs' breach of insurance policy, bad faith denial of benefits, violation of the Unfair Trade Practices and Consumer Protection Law and fraudulent inducement after one plaintiff asked to have his girlfriend added to his policy, defendant did so and increased the premium and then denied coverage after she was hurt in a bicycle accident because she was not an "insured" under the policy and court dismissed the bad faith claim under the Terletsky test. Motion granted in part and denied in part.
Publication Date: 2023-07-03
Practice Area: Insurance Litigation
Industry: Insurance | Non-Profit
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hardy
Attorneys: For plaintiff:
for defendant:
Case Number: 20-627
Defendant insurer moved for summary judgment in plaintiff's breach of contract action for defendant's denial of coverage for damages allegedly caused by a 2019 windstorm and court found there were competing expert reports and disputed issues of fact that had to be considered by a jury. Motion denied.
Publication Date: 2023-07-03
Practice Area: Insurance Litigation
Industry: Energy | Insurance
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:22-CV-01465
Defendant insurer moved to dismiss plaintiff's action asserting defendant acted in bad faith in denying coverage of an insurance claim and court found SweetH20's policy covered plaintiff's losses from SweetH20's employee's lawsuit and plaintiff's complaint plausibly alleged defendant's denial of coverage was unreasonable or reckless. Motion denied.
Publication Date: 2023-06-26
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2021 CV 1643
Defendant insurer filed a preliminary objection seeking dismissal of plaintiff's complaint due to insufficiently specific factual allegations. The court sustained the preliminary objection but granted plaintiff leave to amend his complaint.
Publication Date: 2023-06-12
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 4250 CIVIL 2020
The court denied both parties' post-trial motions for a new trial in a case alleging breach of an insurance contract following a fire loss.
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