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Publication Date: 2021-11-08
Practice Area: Insurance Litigation
Industry: Insurance
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1304
Defendant was not entitled to new trial based on trial court's failure to re-read to the jury the model instructions for both pre-existing conditions and factual cause, where defendant had not objected at the time to the trial court's failure to read both instructions. Order of the trial court reversed, case remanded for further proceedings.
Publication Date: 2021-09-27
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1111
Insurer moved for summary judgment arguing child of divorced parents who sought underinsured motorist benefits under her father's automobile insurance policy was not a "resident" of his household and court found child's court ordered scheduled pattern of visitation at the time of her accident established her residency in father's home and she was entitled to underinsured motorist coverage. Motion denied.
Publication Date: 2021-09-27
Practice Area: Insurance Litigation
Industry: Hospitality and Lodging | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1107
Insurer sought a declaration it owed inn no duty to defend or indemnify in civil actions asserting violations of Pennsylvania's human trafficking statute, negligence for failing to identify or report sex trafficking occurring in inn's rooms, negligent infliction of emotional distress and negligent hiring, training and/or supervision and court found insurer owed no duty to defend or indemnify because plaintiffs' underlying allegations were clearly assaults and/or batteries, were the "but for" cause of plaintiffs' alleged injuries and t
Publication Date: 2021-09-13
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1042
Plaintiff could not sustain a bad faith claim against the defendant insurer where the allegations in her amended complaint boiled down to a disagreement between the parties over the amount of a settlement for uninsured motorist benefits. The court granted defendant's motion to dismiss.
Publication Date: 2021-09-13
Practice Area: Insurance Litigation
Industry: Consulting | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Tucker
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1053
Defendant corporation moved to dismiss plaintiff's action over alleged non-payment of life insurance proceeds and court found it lacked specific or general jurisdiction over corporation. Motion granted.
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Publication Date: 2021-09-06
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1015
Defendant insurer moved to dismiss plaintiffs' action asserting a duty to defend and indemnify and breach of contract and court found plaintiffs failed to plausibly allege defendant owed a duty under the terms of the policy due to the employer liability exclusion. Motion granted.
Publication Date: 2021-08-23
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0781
Insurer did not act in bad faith where it sought discovery from plaintiffs and medical providers to clarify whether injuries were pre-existing or related to the accident. The court granted summary judgment in favor of the insurer.
Publication Date: 2021-08-16
Practice Area: Insurance Litigation
Industry: Entertainment and Leisure | Food and Beverage
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Glazer
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0832
Plaintiffs failed to show they sustained any direct physical loss due to the COVID-19 pandemic, so they were not entitled to recover under the business loss provision of their insurance policies. A virus exclusion also barred plaintiffs' claims.
Publication Date: 2021-08-16
Practice Area: Insurance Litigation
Industry: Insurance | Non-Profit
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Padilla
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0831
An insurer did not have a duty to defend, because the policy with its insured contained an absolute firearms exclusion.
Publication Date: 2021-08-02
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Stickman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0876
Defendant insurer moved for partial summary judgment on plaintiff's bad faith claim in her action over underinsured motorist benefits and court found plaintiff failed to adduce sufficient evidence to show adjuster lacked a reasonable basis for his offer. Motion granted.
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