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  • Erie Ins. Exch. v. Mione

    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.

  • Westminster Am. Ins. Co. v. Bond

    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.

  • Smart v. Allstate Ins. Co.

    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.

  • Erie Ins. Exch. v. Backmeier

    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.

  • UPMC Benefit Mgmt. Serv., Inc. v. United Pharmacy Serv.

    Publication Date: 2023-01-02
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 558 C.D. 2021

    Hearing officer properly found pharmacy's fee review applications were not premature because petitioner was obligated to dispute liability for claimant's treatment through the utilization process in order to render pharmacy's fee applications premature. Affirmed.

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  • Chubb Indem. Ins. Co. v. Rosenberg

    Publication Date: 2023-01-02
    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-00633-MJH

    Court granted insurers declaratory judgment absolving them from defense and indemnification obligations under umbrella liability policy where insureds failed to contest action. Plaintiffs' motions for default judgment and judgment on the pleadings granted.

  • Loughery v. Mid-Century Ins. Co.

    Publication Date: 2023-01-02
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-383

    Both parties moved for summary judgment on plaintiff's claim for statutory bad faith alleging defendant insurer requested an independent medical examination without obtaining a court order and without good cause and court found plaintiff did not show defendant acted unreasonably and in bad faith in failing to pay because there was a split of opinion in the courts as to the validity of the IME clause and defendant's interpretation was in accordance with the interpretation of law expressed by some of those courts. Plaintiff's motion den

  • Snider v. State Farm Fire & Cas. Co.

    Publication Date: 2022-12-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-4224

    Defendant moved to dismiss plaintiff's bad faith denial of insurance coverage action after a water supply line broke and damaged house and court found plaintiff's allegation that defendant relied on an unreasonable interpretation of the policy and a blatant misrepresentation of facts to deny coverage could provide a factfinder with a sufficient basis to infer defendant lacked a reasonable basis for denying benefits. Motion denied.

  • Ungarean v. CNA & Valley Forge Ins. Co.

    Publication Date: 2022-12-19
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 490 WDA 2021

    Trial court properly granted summary judgment to plaintiff in action for insurance coverage for loss of business income due to COVID-19 under policy's business income and extra expense provisions and court agreed with trial court's interpretation of "direct physical loss of or damage to" to include the act of being deprived of the physical use of one's property. Affirmed.

  • MacMiles, LLC v. Erie Ins. Exch.

    Publication Date: 2022-12-19
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1100 WDA 2021

    Trial court erred in finding plaintiff established a valid claim for COVID-19 related income loss under the business income provisions of the policy because trial court's reading of "direct physical loss of or damage to Covered Property" to cover purely economic losses was strained and unconvincing and trial court erred in finding a triable issue of fact under the civil authority provision of the policy. Reversed.