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Publication Date: 2022-11-14
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 18-4944-KSM
Court approved class action settlement of insurers' failure to reimburse sales tax on totaled vehicles, where settlement class members were paid full reimbursement. Parties' joint motion for settlement approval granted.
Publication Date: 2022-11-14
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-00137-MJH
Parties moved for judgment on the pleadings in plaintiffs' action against their insurers for defense or indemnity regarding intervenor's action for intentional infliction of emotional distress and court found policy language and case law regarding "occurrence and "accident" led to the conclusion that intervenor's "bodily injury" was not caused by an "occurrence" under the policies. Insurers' motions granted.
Publication Date: 2022-11-07
Practice Area: Insurance Law
Industry: Entertainment and Leisure | Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-cv-00816
Where the presence or suspected presence of the virus that causes COVID-19 at a business property did not materially alter the property in such a way to constitute a "direct physical loss of damage," business owners were not entitled to coverage under their business interruption insurance coverage. Defendant's motion to dismiss granted.
Publication Date: 2022-10-31
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 1:21-mc-1
Insurer moved to dismiss plaintiffs' action for coverage for COVID-19 business losses under their commercial property insurance and court found plaintiffs did not show the required direct "physical loss of or damage to" their properties and policy virus exclusion provisions also applied. Motion granted.
Publication Date: 2022-10-24
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Jones
Attorneys: For plaintiff:
for defendant:
Case Number: 19- 5143
Homeowners' insurance provider properly denied coverage for collapsed retaining wall where expert report concluded that the root cause of the collapse was caused by wear and tear, exposure, and water damage, which were excluded causes of collapse. Defendant's motion for summary judgment granted.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2022-10-17
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1614
Plaintiff could not recover stacked underinsured motorist coverage benefits where her father, the original insured, executed a valid stacking waiver when he first purchased the insurance policy and the subsequent substitution of a replacement vehicle did not require the insurer to secure a new waiver. The court dismissed plaintiff's declaratory judgment complaint.
Publication Date: 2022-10-10
Practice Area: Insurance Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-4488
Damage caused by forced police entry into home after homeowner barricaded himself during mental health crisis was a "sudden" and "accidental" event that could trigger property damage coverage under homeowners' insurance policy. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2022-09-26
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Dodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1274
Negligence claim against insurer was barred under gist of the action doctrine where insurer had conducted investigation of insured's loss, such that any denial of coverage would constitute a breach of contract. Defendant's partial motion to dismiss granted in part and denied in part.
Publication Date: 2022-09-26
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 690 WDA 2020
Personal auto insurer could not use policy exclusion to avoid obligation to provide underinsured motorist coverage, where Motor Vehicle Financial Responsibility Law required an insured to execute a statutorily prescribed form to waive UIM coverage. Judgment of the trial court reversed, case reamended.
Publication Date: 2022-09-13
Practice Area: Insurance Law
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1947
Insurer was not required by Delaware law to demonstrate prejudice in denying untimely claim for coverage under claims-made policy that lacked express language extending coverage to any claims that were reported during renewal terms.
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