Supreme Court Holds That a New Waiver of Stacking is Needed When Increasing UM/UIM Limits
In the recent case of Barnard v. Traveler’s Home, No. 42 EAP 2018 (Pa 9/26/19) the Pennsylvania Supreme Court addressed the issue of whether an increase of underinsured motorist coverage limits for multiple vehicles insured under an existing policy...
Regular Use Exclusion Applicable to Rental Vehicle Provided by Employer
In Rawl v. GEICO, 11435-CV-2019 (C.P. Beaver Co. 7/1/19), the Beaver County Trial Court granted summary judgment in favor of the insurance carrier after hearing cross motions in a declaratory judgment action. The Court held that the...
Three New Gallagher Decisions
Three recent decisions from the Eastern District of Pennsylvania have applied the Pennsylvania Supreme Court’s opinion Gallagher v. GEICO, 201 A.3d 131 (Pa. 2019) retroactively. On January 23, 2019, Gallagher invalidated the...
UIM Carrier Not Entitled to Credit for Certain Amounts Paid In Excess of Tortfeasor’s Liability Limits
The Pennsylvania Superior Court recently decided a unique issue pertaining to the amount of credit entitled to a UIM carrier when a tortfeasor’s carrier pays more than the liability limits as a result of an excess verdict rendered in a third party...
Personal Jurisdiction Over Foreign Corporations Severely Limited
In the recent case of In re Asbestos Liability Litigation (No. IV), No. 18-3622 (E.D. Pa. June 6, 2019, Robreno, J.), personal jurisdiction law in Pennsylvania was dramatically changed. Traditionally, personal jurisdiction over...
Eastern District Holds Supreme Court Elimination of the Family Car Exclusion Applies Retroactively
On April 19, 2019, Judge Mark A. Kearney of the Eastern District, issued a memorandum opinion, Butta v. GEICO Casualty Company, E. D. Pa. No. 19-675, which predicted that the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO, 201 A.3d ...
Failure To Establish Good Faith Effort To Serve Results In Dismissals
Some recent court decisions serve as an important reminder that new cases should always be evaluated to determine that service was proper and effectuated pursuant to Pennsylvania law. In Flannigan v. The Ellwood City Hospital, et. al., No. 30007 of...
Untimely Removal Causes Remand to State Court
In Bracken v. Dolgencorp, LLC, et al, No 18-4703, (E.D. Pa. Nov. 29, 2018), the Federal Court remanded the case back to the Philadelphia Court of Common Pleas after the Defendant filed an untimely Notice of Removal. The Court noted that...
New PA Rule to Address John/Jane Doe Defendants
On April 1, 2019, Pennsylvania Rule of Civil Procedure 2005 titled ‘Unknown Defendant. Doe Designation’, will go into effect. The rule has been adopted to standardize the procedure in which to assert a cause of action against a Doe defendant. ...
Commonwealth Court Upholds Sudden Emergency Rule and Excludes Evidence of Post Accident Alterations
In Mitchell v. Milburn, No. 344 C.D. 2017 (Pa. Cmwlth. Dec.6, 2018), the Commonwealth Court upheld the sudden emergency doctrine as a defense when a defendant finds him or herself in a perilous situation which leaves little or no time to apprehend...
The Supreme Court Ends The Family Car Exclusion
On January 23, 2019, in Gallagher v. GEICO, 35 WAP 2017 (2019), the Pennsylvania Supreme Court held that that the household / family car exclusion violates the Motor Vehicle Financial Responsibility Law. This opinion will impact claims for stacked...
“Snap Removals” Upheld By The Third Circuit
The U.S. Court of Appeals for the Third Circuit recently issued a precedential decision in Encompass Insurance Company v. Stone Mansion Restaurant, Inc., No.: 17-1479, 2018 U.S. App. LEXIS 23576 (3d Cir. Aug. 22, 2018), authorizing a defense...