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  • Nat'l Fire & Marine Ins. Co. v. Newton Square, LLC

    Publication Date: 2023-01-09
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-5397

    Third-party defendant wholesale insurance broker moved to dismiss defendant's negligence and breach of contract action based on being given a policy for an unoccupied building with no utilities instead of coverage for an occupied building with working utilities and court found complaint alleged wholesaler failed to follow instructions, owed a duty of care and declined to dismiss the negligence count. Motion denied in part and granted in part.

  • Solano-Sanchez v. State Farm Mut. Auto Ins. Co.

    Publication Date: 2023-01-02
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Strawbridge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-4016

    Insurer moved for partial summary judgment in plaintiff's bad faith and breach of contract action over her insurer's failure to pay full benefits under the policy's underinsured motorist provision and court found insurer had a reasonable basis for conducting an investigation, it acted reasonably throughout the investigation and had a reasonable basis for denying full benefits due to the findings of the investigation. Motion granted.

  • Philadelphia Eagles, LP v. Factory Mut. Ins. Co.

    Publication Date: 2023-01-02
    Practice Area: Insurance Litigation
    Industry: Entertainment and Leisure | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1776

    Professional sports teams sought coverage from their insurers for financial losses from COVID-19 and insurers moved to dismiss arguing exclusions in the policies and court found that due to the unsettled state of Pennsylvania law on the issues, it was appropriate to allow discovery limited to the exchange of documents. Discovery ordered.

  • Erie Ins. Exch. v. United Serv. Auto. Ass'n

    Publication Date: 2022-12-26
    Practice Area: Insurance Litigation
    Industry: Automotive | Insurance
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1482 WDA 2021

    Pennsylvania law does not recognize a subrogation cause of action based on a party's failure to fulfill a gratuitous, indefinite promise to preserve evidence that may be relevant to an insurer's claims against third parties. Order of the trial court affirmed.

  • Cushman & Wakefield of Pennsylvania, LLC v. Illinois Nat'l Ins. Program

    Publication Date: 2022-12-26
    Practice Area: Insurance Litigation
    Industry: Insurance | Investments and Investment Advisory | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Djerassi
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 885

    The court granted defendant insurance company's motion to dismiss claims for breach of contract and statutory bad faith stemming from defendant's refusal to indemnify plaintiff's litigation costs in an action for fraudulent misrepresentation. Although plaintiff argued defendant had a duty to indemnify plaintiff under their policy, the court disagreed and held that the language of the policy specifically excluded coverage for matters arising out of plaintiff's fraudulent conduct.

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  • Ace Am. Ins. Co. v. Pardee Res. Co.

    Publication Date: 2022-12-26
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Djerassi
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02208

    The court granted plaintiffs' motions for declaratory judgment finding that they had no duty to defend and indemnify defendant company on the grounds that the event fell within the policy exclusions. Although defendant argued that the cause of the event had not yet been determined, and therefore, it was unclear whether the policy exclusion applied, the court disagreed and relied on the plain language of the operative policy.

  • Walsh v. Nationwide Mut. Fire Ins. Co.

    Publication Date: 2022-12-05
    Practice Area: Insurance Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-4464

    Defendant insurer moved for summary judgment in plaintiffs' action for breach of contract for failure to provide coverage after a storm damaged plaintiffs' roof and personal property and court found that while plaintiffs did not provide enough evidence to allow a reasonable factfinder to conclude that the openings in the roof were created by the direct action of wind, plaintiffs did make a prima facie showing that their claim fell within the policy's falling objects peril coverage. Motion denied.

  • Washington St., LLC v. Nationwide Prop. & Cas. Ins. Co.,

    Publication Date: 2022-12-05
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:21-cv-04374-JDW

    Defendant insurer moved for summary judgment in plaintiff's bad faith action over defendant's conduct after fire damaged plaintiff's party and court found that while defendant's claims process was "by no means perfect," there was no evidence defendant's conduct was negligent, let alone reckless, and plaintiff got the funds defendant owed to it. Motion granted.

  • The First Liberty Corp. v. Selective Ins. Co. of the Se.

    Publication Date: 2022-11-21
    Practice Area: Insurance Litigation
    Industry: Insurance | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-4471

    Court denied plaintiff's motion for summary judgment in its declaratory judgment action arguing defendant had to defend and indemnify store, finding defendant's policy that insured janitorial subcontractor was ambiguous as to whether store, where customer fell on a wet floor, was an additional insured.

  • DeVincenzo-Gambone v. Erie Ins. Exch.

    Publication Date: 2022-11-14
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017-09856

    Court found for insured plaintiffs against defendant insurance company finding that defendant acted in bad faith when they sought to modify the arbitrator's award following a binding arbitration between the parties. The court noted that defendant failed to inform plaintiffs of their intention to reserve the legal issue of stacking for appeal and acted with reckless disregard as to the arbitrator's award.

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