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Publication Date: 2023-04-17
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1090
Insurer moved for summary judgment in plaintiff's action asserting he was entitled to reimbursement for the amount he paid to homeowners to buy their fire damaged house that they used to satisfy their mortgage and court found plaintiff did not step into bank's shoes, as he alleged, and any duty insurer had to pay under the standard mortgage clause in the homeowners' insurance policy was discharged once homeowners satisfied the mortgage. Motion granted.
Publication Date: 2023-04-17
Practice Area: Insurance Law
Industry: Pharmaceuticals | Retail | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 20-cv-2024
Court declined motion to compel arbitration against non-signatory pursuant to doctrine of equitable estoppel where plaintiff's claims were clearly based in tort rather than contract and plaintiff would have no reason to know of the existence of the arbitration provision being enforced. Defendant's motion to compel arbitration denied.
Publication Date: 2023-04-11
Practice Area: Insurance Law
Industry: Biotechnology | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: Tamara D. Bruno, Pillsbury Winthrop Shaw & Pittman, Houston, TX; Peter M. Gillon, Jesse N. Vazquez, Pillsbury Winthrop Shaw & Pittman, Washington DC; Brandon R. Harper, Carla M. Jones, Jennifer C. Wasson, Potter Anderson & Corroon, Wilmington, DE for appellant.
for defendant: Robert L. Ebby, Ronald P. Schiller, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for appellee.
Case Number: 22-2242
The court reversed the holding of the District Court that found a SEC investigation did not trigger coverage under a director and officer liability insurance policy.
Publication Date: 2023-04-10
Practice Area: Insurance Law
Industry: Energy | Insurance | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-542
Insurer had no duty to defend/indemnify fuel tank servicer for alleged negligent recertification of tank where the policy excluded coverage for professional services and the underlying lawsuit did not allege a breach of an ongoing duty, precluding E&O coverage. Plaintiff's motion for judgment on the pleadings granted, defendants' cross-motion for partial judgment on the pleadings denied.
Publication Date: 2023-04-03
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys: For plaintiff:
for defendant:
Case Number: 18-04365
Plaintiff insurers moved for judgment on the pleadings in their declaratory judgment action seeking a declaration they had no duty to defend or indemnify policyholders in state court actions alleging policyholders committed negligence and negligently inflicted emotional distress in ignoring obvious signs of sex trafficking in hotel and court found the alleged facts implicated conduct that was criminalized under the Pennsylvania Human Trafficking Law and it was against public policy in Pennsylvania to provide insurance for loss attribu
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Publication Date: 2023-04-03
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1878
Insurance bad faith claim dismissed on summary judgment where both parties contributed to delays in processing of an underinsured motorist claim and where insurer's conduct, though demonstrating a lack of diligence, did not rise to the level of bad faith. Defendant's motion for partial summary judgment granted.
Publication Date: 2023-03-06
Practice Area: Insurance Law
Industry: Insurance
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 89 MAP 2021
Lower courts correctly distinguished Gallagher v. GEICO Indem. Co., 201 A.3d 131, and correctly enforced the household vehicle exclusion in appellant's wife's policy when he sought UM/UIM coverage for his motorcycle accident where his motorcycle insurance policy had no UM/UIM coverage and court rejected the view that household vehicle exclusions were ipso fact unenforceable. Affirmed.
Publication Date: 2023-03-06
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 161 CIVIL 2021
Plaintiffs, a landlord and its insurer, could not maintain this subrogation action against the defendant tenants where the terms of both the commercial and residential leases at issue suggested that defendants were implied co-insureds on landlord's fire insurance policy. The court granted defendants' motion for summary judgment.
Publication Date: 2023-02-06
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3910
Insurer moved for summary judgment in plaintiff's breach of contract action for uninsured motorist coverage for a hit-and-run accident and court found the absence of cellphone records to support plaintiff's contention that he called police did not undermine plaintiff's testimony so as to require summary judgment and the issue remained one for the jury. Motion denied.
Publication Date: 2023-01-16
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 323 WDA 2022
Motor Vehicle Financial Responsibility Law's requirement for excess underinsured motorist coverage did not preclude limitation of protection clause that was consistent with the policyholder's valid execution of a waiver of stacked UIM coverage. Judgment of the trial court affirmed.
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