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Publication Date: 2023-10-16
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3205
Plaintiff insurer owned no duty to defend or indemnify defendant contractor in action brought by injured employee of subcontractor because the "Injured Worker Exclusion" in the policy was not ambiguous, it did not render the policy illusory and policy coverage was not triggered by injured worker's underlying lawsuit. Judgment on the pleadings granted.
Publication Date: 2023-10-09
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2698
Defendant, a property insurance claims administrator, moved to dismiss plaintiff's complaint for failure to state a claim upon which relief could be granted. The court granted the motion, holding that plaintiff insured could not state a claim for breach of contract or declaratory judgment against the claims administrator that handled claims for plaintiff's commercial property insurer.
Publication Date: 2023-10-09
Practice Area: Insurance Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Freeman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3121
District Court properly dismissed insurance coverage dispute for lack of personal jurisdiction where neither party was headquartered in Delaware and the underlying policy did not cover any property or loss in Delaware.
Publication Date: 2023-10-02
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2827
Policy exclusion for "tree removal" work did not apply to underlying wrongful death claim arising from a motor vehicle accident that occurred while equipment was being transported between worksites. Defendants' motion to dismiss granted.
Publication Date: 2023-10-02
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Padilla
Attorneys: For plaintiff:
for defendant:
Case Number: 01568
Defendant insurer appealed the court's order granting in part plaintiff's motion for summary judgment and declaring the definition of "insured" in defendant's classic vehicle policy void and unenforceable. After plaintiff's subsequent motion for reconsideration that supplemented the record with new evidence, the court concluded its order should be affirmed in part and remanded in light of plaintiff's new evidence.
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Publication Date: 2023-09-11
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2221
Hotel/restaurant owner was not entitled to property insurance coverage where coverage was predicated on direct physical damage or loss and shutdowns required by the COVID-19 pandemic did not constitute physical damage or loss. Defendant's motion to dismiss granted.
Publication Date: 2023-09-04
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4422
Statutory compensatory damages claim against insurer dismissed where insured pursued a claim that did not authorize compensatory damages, only additional damages, and insured's general damages claim failed where insured failed to allege egregious conduct by insured. Defendant's motion to dismiss/strike granted in part and denied in part.
Publication Date: 2023-08-28
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1110 WDA 2022
Subsequently named insured on auto policy was presumed to have constructive knowledge of prior first named insured's execution of UM stacking waiver, which bound the subsequently named insured if they took no steps to alter their coverage. Judgment of the trial court vacated, case remanded.
Publication Date: 2023-08-21
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-0972
Breach of contract, violation of consumer protection laws, and bad faith claims failed as a matter of law against claims adjuster due to the lack of a contractual relationship between the adjuster and the insured. Defendant's motion to dismiss granted.
Publication Date: 2023-08-21
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-01349-JMG
Court declined to dismiss consumer protection claims against insurer where policyholder alleged that insurer engaged in unreasonable conduct beyond refusing to pay benefits, such as making repetitive requests for the same information and asserting a need for additional investigation despite no further investigation reasonably leading to information that would assist adjusting of the claim. Defendant's motion to dismiss denied in part and granted in part.
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