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Publication Date: 2022-09-05
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Baxter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1006
Plaintiff insurer moved for summary judgment where defendant sought underinsured motorist benefits after settling with third party tortfeasor and insurer of driver of the car in which she was riding at the time of the accident and court found the non-duplication provision of driver's insurance policy was unenforceable as against public policy and plaintiff was entitled to a credit in the full amount of the policy limits against any UIM benefits to which defendant might be entitled under plaintiff's policies. Motion granted.
Publication Date: 2022-08-29
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0968
Court declined to dismiss ERISA fiduciary claims where plaintiffs alleged that insurers exercised "undirected authority or control" over life insurance policy assets by allowing strangers to the policy to make changes to the terms of the policy that allowed those strangers to convert the assets. Plaintiffs' motion for summary judgment denied, defendants' cross-motion for summary judgment granted in part and denied in part.
Publication Date: 2022-08-22
Practice Area: Insurance Law
Industry: Food and Beverage | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0948
Insurer moved for judgment on the pleadings in plaintiff's declaratory judgment action seeking defense or indemnification and court found franchisee's business owner's insurance policy only covered plaintiff franchisor in its role as grantor of the franchise and underlying plaintiff's personal injury claims in the underlying action did not predicate liability against plaintiff as a franchisor and the certificate of insurance issued by broker provided no coverage beyond the terms of the policy. Motion granted.
Publication Date: 2022-08-22
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0943
UIM waiver form remained in effect where insured continuously maintained the policy, and insurer's representatives had no obligation to advise insured of option for UIM coverage when insured contacted insurer to add UM coverage to their policy. Order of the trial court reversed, case remanded.
Publication Date: 2022-08-15
Practice Area: Insurance Law
Industry: Insurance | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Kane
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0905
Non-parties who had personal injury claim against insured could not intervene in declaratory judgment action filed by insurer to determine scope of coverage. Plaintiff's motion for default judgment deemed withdrawn; non-parties' motion to intervene and strike default denied.
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Publication Date: 2022-08-01
Practice Area: Insurance Law
Industry: Automotive | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Stickman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0860
Breach of insurance contract and bad faith claims not dismissed where insureds alleged that insurer failed to undertake reasonable investigation of their vandalism and auto part theft claim and accordingly improperly denied their total loss claim. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2022-08-01
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: 22-0863
Defendant insurers moved to dismiss trustee's breach of contract, unjust enrichment, fraudulent misrepresentation, negligent misrepresentation and violation of the Unfair Trade Practices and Consumer Protection Act action over conversion of a life insurance policy and court found trustee adequately pled all of her allegations except unjust enrichment. Motion denied in part and granted in part.
Publication Date: 2022-08-01
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0854
Although ERISA claims were timely under the fraud or concealment exceptions to the statute of limitations, summary judgment was inappropriate due to a material factual dispute regarding authorization to change ownership names or to take out loans against underlying life insurance policies. Defendant's partial motion for summary judgment granted in part, plaintiffs' partial motion for summary judgment denied.
Publication Date: 2022-07-25
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0836
Insurer sought summary judgment in its action seeking a declaration it had no duty to defend or indemnify defendant in personal injury action arising from a physical altercation with a trespasser that led to a criminal assault charge to which defendant pled nolo contendere and court found the criminal acts exclusion in the policy barred coverage and video of the incident showed no reasonable juror could have found defendant's actions were justified. Motion granted.
Publication Date: 2022-07-25
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0758
Court granted a request for injunctive relief where an insurance policy clearly provided advancement of defense funds in criminal proceedings. Specifically, the court noted the language of the policy was clear and a court would likely find that the defendant insurance company improperly denied the claim. Moreover, the court analyzed each of the elements required for injunctive relief and weighed the irreparable harm plaintiff would suffer by not having adequate defense against the "harm" defendant would suffer, in as much as the court
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