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Publication Date: 2022-03-28
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0336
Defendant landscape company and its insurer moved to dismiss plaintiff's action seeking declaration of a duty to indemnify and defend and reimbursement of defense costs plaintiff expended in defending homeowners association in underlying personal injury action and court dismissed plaintiff's claim for indemnification as not ripe but declined to dismiss the equitable subrogation claim. Motion granted in part and denied in part.
Publication Date: 2022-03-28
Practice Area: Insurance Litigation
Industry: Insurance
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0329
Workers' compensation carrier appealed the denial of its motion to intervene after plaintiff employee filed a praecipe for writ of summons against alleged tortfeasor and court found §319 of the Workers' Compensation Act did not give a party any right, directly or indirectly, to take any action against a third-party tortfeasor, carrier could not force employee to seek recovery to satisfy a workers' compensation statutory lien and the order was not an appealable collateral order. Appeal quashed.
Publication Date: 2022-02-28
Practice Area: Insurance Litigation
Industry: Insurance | Non-Profit
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0116
The court held that neither the broker agent nor insurance wholesaler who initially worked with plaintiff to obtain property insurance had tort or contractual duties to obtain further insurance for the church after the policy provider chose to not renew the policy. Defendants' motions for summary judgment granted.
Publication Date: 2022-02-28
Practice Area: Insurance Litigation
Industry: Health Care | Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0213
Trial court properly granted a mandatory preliminary injunction requiring appellants to bind tail insurance coverage for a three-year term for medical malpractice claims arising from appellants' provision of health care services to inmates at county prison because trial court reasonably found the deadline for binding tail insurance was rapidly approaching and if the deadline passed, the parties would be exposed to potentially catastrophic liability. Affirmed.
Publication Date: 2022-02-21
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0119
The court held that the verdict which did not award anything for damages for non-economic loss bore no reasonable relationship to the uncontroverted evidence presented at trial such that a grant of a new trial was warranted. Motion for new trial granted.
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Authors: Ron M. Campbell
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Publication Date: 2022-01-17
Practice Area: Insurance Litigation
Industry: Insurance | Pharmaceuticals | Retail
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0043
Court denied leave to amend in insurance declaratory judgment action when plaintiff had knowledge of the facts giving rise to its proposed claims, and where its delay in seeking amendment appeared to be tactical in nature to pursue partial summary judgment as quickly as possible. Plaintiff's motion for leave to amend and to certify interlocutory appeal denied.
Publication Date: 2022-01-10
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0010
Insurer's motion for summary judgment to reform a policy denied where there was a factual dispute over whether an insured noticed and assented to a scrivener's error in the policy that afforded greater coverage than requested by insured. Plaintiff's motion for summary judgment denied in part and granted in part.
Publication Date: 2021-12-27
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1492
Plaintiff moved to remand her breach of contract action against her automobile insurer for underinsured motorist benefits and court found the jurisdictional amount was not met because her recovery was restricted to the $25,000 limit in the insurance policy. Motion granted.
Publication Date: 2021-12-20
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1472
District court properly reinstated plaintiff's long-term disability and life insurance benefits because insurer's multiple requests for outside medical reviews were irregular in their timing and prompting and district court properly refused to consider insurer's analyst's affidavit submitted with insurer's summary judgment motion. Affirmed.
Publication Date: 2021-11-08
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1154
Plaintiffs' complaint in this insurance-related breach of contract suit did not fail for insufficiency where the pleading set forth, to the penny, the amount they were claiming and included a breakdown of that amount, detailing the total losses to the damaged property. The court overruled defendant's preliminary objections.
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