Another Recent Gallagher Decision
In the recent case of Donegal Mutual Insurance Company v. Krautsack, No. CI-19-04904 (C.P. Lancaster Co. Aug. 28, 2020), Court of Common Pleas Judge David Ashworth granted summary judgment to Devin Krautsack and denied Donegal's cross-motion for...
A New Trial is the Remedy for a Verdict Against the Weight of the Evidence
In the case of Avery v. Cercone, 2019 Pa. Super. 366 (2019), the Superior Court addressed whether the trial court erred in denying Plaintiff's Post-trial motions from the judgment entered in the amount of $18,500 where the jury awarded Avery $8,500...
Regular Use Exclusion Survives Gallagher Challenge
In the case of Nationwide Affinity Ins. Co. of America v. Fong, No. 2:19-cv-02119-CFK (E.D. Pa. April 28, 2020, Kenney, J.), the court upheld the regular use exclusion, despite the holding in Gallagher. Jessica Fong was involved in a motor vehicle...
Claims for Future Medical Expenses Do Not Have To Be Reduced Pursuant to Act VI
In its first precedential Opinion, the Pennsylvania Superior Court in the case of Farese v. Robinson, 2019 Pa. Super. 336 (Nov. 8, 2019) addressed the issue of whether a claim for future medical expenses in an automobile accident case must be...
Lehigh County Court limits Gallagher v. GEICO to its facts
In the recent case of Erie Insurance v. Mione, No. 2019-CV-2395 (C.P. Lehigh Co. June 26, 2020); Judge Michele Varrichio granted summary judgment in favor of Erie and denied Defendants' Motion for Judgment on the pleadings. Plaintiff Erie sought a...
Courts Enter Inconsistent Decisions on the Regular Use Exclusion
The longstanding UM/UIM coverage exclusion for claimants operating regularly-used, non-owned vehicles is under scrutiny, again. Whether this exclusion will survive is becoming less clear as various Courts continue to reevaluate the issue, in...
Common Pleas Judge Holds that Removing Vehicle does not Constitute Purchase of Insurance
In Franks v. State Farm Mutual Automobile Insurance Company, 93 Bucks Co. L. Rep. (2019), the trial court, in a case of first impression, held that Section 1738 of the MVFRL does not require a new waiver of stacked UIM coverage form when the...
Regular Use Exclusion Under Fire
In the Northampton County Common Pleas case of Rush v. Erie Insurance Exchange, No. C-48-CV-2019-1979 (C.P. Northampton. Co. Oct. 1, 2019 Baratta, J.), the court denied a Motion for Judgment on the Pleadings filed by Erie on the Regular Use...
“Wave-on Liability” Allowed to Proceed to Jury
In the case of McLaughlin v. Caban, No. 2017-CV-5303 (C.P. Lacka. Co. June 24, 2020 Gibbons, J.), the Court of Common Pleas of Lackawanna County denied a Defendant driver's motion for summary judgment in which she asserted that there was no causal...
Pennsylvania Superior Court Upholds Jury Verdict For Economic Losses Only
In a memorandum decision in the case of Pierchalski v. Thomas, No. 672 WDA 2019, the Pennsylvania Superior Court refused to overturn a jury verdict in the amount of $1,455.99, which was solely the alleged economic damages. The appellant, Mrs....
Waiver of a Stacking Form must be Executed by First Named Insured – County Opinion
In Rodriguez, et al., v. Penn National Mut. Ins. Co., No. S-203-16 (C.P. Schuylkill Co. Jan. 14, 2020, Goodman, J.), the trial court addressed whether a First Named Insured was required, per statute, to personally sign a form providing for the...
Supreme Court Upholds The Unlisted Driver Exclusion
In 2013, Rachel Dixon was driving a car owned by her boyfriend, Rene Oriental-Guillermo when she was involved in an accident with a vehicle in which Priscila Jimenez was a passenger, and was being driven by Alli Licona-Avila. At the time of the...