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Publication Date: 2023-08-21
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Carbon County
Judge: Circuit Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1119
Plaintiff insurer appealed the denial of its motion for judgment on the pleadings in a wrongful death and survival action filed by the administratrix of decedent's estate. Plaintiff argued the denial of their motion converted a dwelling policy into a motor vehicle liability policy. In its opinion in support of its order, the court found that defendants sufficiently alleged coverage under the policy based on the usage of the location in connection with the residence premises.
Publication Date: 2023-08-14
Practice Area: Insurance Law
Industry: Construction | Energy | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1498
Appellant commercial general liability insurer appealed the district court's order granting summary judgment in favor of insured appellee. The court reversed and remanded with directions to enter judgment for appellant.
Publication Date: 2023-08-14
Practice Area: Insurance Law
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3032
Appeals court lacked jurisdiction over district court's orders granting and denying partial summary judgment since the orders were not the equivalent of an injunction and did not afford plaintiff any legal relief by ordering defendant to do something; instead, the orders merely clarified defendant's contractual obligations should they be triggered at a future date. Appeals dismissed.
Publication Date: 2023-08-07
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Dodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1274
Defendant insurer moved to dismiss plaintiffs' breach of contract and bad faith action over denial of coverage for water damage to motor home and insurer failed to show the loss was excluded under the policy and did not demonstrate undisputed facts to preclude the bad faith claim. Motion denied.
Publication Date: 2023-08-07
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:21-cv-00190
Insurers had no duty to defend or indemnify healthcare facility operator sued for physician's abuse and molestation of patients at the facility where the insurance policies contained sexual misconduct and abuse/molestation exclusions with a scope broad enough to encompass the alleged sexual misconduct. Defendants' motion for judgment on the pleadings granted.
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Publication Date: 2023-07-24
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hardy
Attorneys: For plaintiff:
for defendant:
Case Number: 20-318
Breach of title insurance policy claim dismissed where underlying litigation involving a purported road maintenance agreement plaintiff's predecessor-in-title had signed could not constitute an encumbrance on plaintiff's title since the predecessor was not a party to the action, the lawsuit merely sought money damages, and plaintiff did not have actual or constructive notice of the agreement and thus could not have it enforced against her or her title. Defendant's motion for summary judgment granted.
Publication Date: 2023-07-24
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hangley
Attorneys: For plaintiff:
for defendant:
Case Number: 01806
The court recommended affirmance of its decision to grant summary judgment in favor of State Farm Automobile Insurance Company in an action brought by a plaintiff who sought payment following an accident with an underinsured motorist.
Publication Date: 2023-07-10
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-CV-01318-MJH
Bad faith claim dismissed where claimant had failed to present any evidence indicating that additional investigation would have altered insurer's determination or that the insurer otherwise failed to conduct a diligent investigation. Defendant's motion for partial summary judgment granted.
Publication Date: 2023-07-10
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Neal R. Devlin, Aurora L. Hardin, Knox McLaughlin Gornall & Sennett, Erie, PA; Steven B. Feirson, Michael H. McGinley, Dechert, Philadelphia, PA for appellant.
for defendant: Edwin J. Kilpela, Jr., James LaMarca, Elizabeth Pollock-Avery, Lynch Carpenter, Pittsburgh, PA for appellee.
Case Number: 23-1053
Court could not exercise jurisdiction under the Class Action Fairness Act where action was filed in state court under procedural rules dissimilar from Rule 23 and where it could not qualify as a continuation of a prior action since that action was voluntarily dismissed.
Publication Date: 2023-07-03
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1498
Appellant commercial general liability insurer appealed the district court's order granting summary judgment in favor of insured appellee. The court reversed and remanded with directions to enter judgment for appellant.
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