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Publication Date: 2021-08-02
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0872
Court denied insurer's motion for summary judgment in its declaratory judgment action concerning coverage under homeowners' insurance policies for actions of fraternity students in hazing death and court found action filed by parents' of fraternity pledge stated a claim for negligence and policy provisions excluding criminal and intentional acts did not insulate insurer from those claims. Motion denied.
Publication Date: 2021-07-26
Practice Area: Insurance Litigation
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0848
Benefits executive moved for summary judgment in plaintiff's breach of fiduciary duty action over former husband's alleged life insurance policy and court found plaintiff's breach-by-omission claims failed because she did not introduce any evidence showing benefits executive had actual knowledge of her confusion and her misrepresentation argument failed because there was no misrepresentation. Motion granted.
Publication Date: 2021-07-12
Practice Area: Insurance Litigation
Industry: Insurance
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0786
Trial court erred in transferring appellants' underinsured motorist actions under the forum selection clause in car driver's automobile insurance policy because forum selection clause was not ambiguous, clearly tied the relevant time of residency to the time the action was brought and the proper forum was Juniata county for driver and Dauphin county for passenger. Order vacated and remanded.
Publication Date: 2021-07-12
Practice Area: Insurance Litigation
Industry: Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0791
Trial court could order in camera review of documents allegedly subject to attorney-client privilege where privilege could not be determined from the face of the record, and an order directing in camera review did not constitute an appealable collateral order. Appeal quashed.
Publication Date: 2021-06-21
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: 21-0703
Statutory bad faith claim against insurer dismissed for insufficient allegations, including failing to cite facts to find unreasonable delay or to prove entitlement to the full policy limit. Defendant's partial motion to dismiss granted, motion to strike denied.
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Publication Date: 2021-06-14
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: 21-0675
Insurer moved to dismiss plaintiff's breach of contract, bad faith and fraud claims over payment for losses when her house burned and court found the dispute was to the amount of loss and was not a coverage dispute, and plaintiff had to proceed with the appraisal process before prosecuting her claim in court and court dismissed breach of contract claim, fraud and Unfair Trade Practices and Consumer Protection Law claims but stayed her bad faith claim pending completion of the appraisal process. Motion granted in part and denied in par
Publication Date: 2021-05-31
Practice Area: Insurance Litigation
Industry: Insurance
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0507
Injured party was a "resident" of her father's household in Pennsylvania despite the fact that she was temporarily absent from the state when the accident occurred.
Publication Date: 2021-05-24
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0573
Breach of insurance contract claim failed where insurer subsequently paid the disputed amount and insured failed to establish insurer had an obligation to make full payment within a certain time frame or that he suffered damages due to the delay. Defendant's motion to dismiss granted without prejudice.
Publication Date: 2021-05-24
Practice Area: Insurance Litigation
Industry: Automotive | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0579
Defendant insurer moved to dismiss plaintiff's breach of contract and statutory bad faith claims over the theft of plaintiff's car and court found plaintiff failed to file suit within the policy time limitation but his assertions of unreasonable claims processing and investigation adequately stated a plausible bad faith claim. Motion granted in part and denied in part.
Publication Date: 2021-04-26
Practice Area: Insurance Litigation
Industry: Health Care | Insurance
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Ward
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0387
Dental practice was entitled to insurance coverage for losses associated with pandemic closures, and insurers failed to demonstrate that any exclusions applied. The court granted summary judgment in favor of the insured.
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