PA Supreme Court Addresses Discovery Rule
On October 17, 2018, the Pennsylvania Supreme Court issued an Opinion, authored by Justice Baer, addressing the applicability of the discovery rule in Nicolaoui, et al. v. James J. Martin, M.D., et al., No. 44 MAP 2017. The issue was whether...
Inter-Policy Stacking Upheld And Stacking Waiver Held To Be Valid
In Venturato v. State Farm, No. 4:18-CV 1243 (M.D. 2018), the court granted Defendant’s Motion to Dismiss, holding inter-policy stacking of underinsured motorist benefits coverage may be waived and the waiver language was valid. Plaintiff-husband...
UM Rejection Form with Additional Language Upheld in Commercial Policy
In King v. US Xpress Inc., et al, No 16-2623 (3d Cir. July 11, 2018) Plaintiff was involved in an accident while driving for his employer and sought uninsured motorist benefits from his employer’s commercial insurance policy. However, the employer...
Texting While Driving and Punitive Damages
The Court of Common Pleas of Cumberland County addressed whether punitive damages are applicable in a case where the alleged tortfeasor was texting while driving. The Court stuck plaintiffs’ claims for punitive damages in Manning v. Barber, No....
Court Finds Claims-Adjuster Fraudulently Joined To Defeat Diversity Jurisdiction
In the case of Reto v. Liberty Mutual Insurance and Stephania DeRosa, (Civil Action No. 18-2483) Judge Savage of the United States District Court for the Eastern District of Pennsylvania found that Plaintiffs fraudulently joined the claims adjuster...
UM/UIM Rejection Found to be Valid on Commercial Policy
In Rarick v. Federated Services Ins. Co., 2:13-cv-03286-JFL (E.D. Pa 2017), Plaintiff was injured in a car accident while operating a truck owned by his employer, Keystone Automotive Operations, Inc. He sought underinsured motorist coverage from...
Western District Declines Jurisdiction of Stacking Waiver Issue
On June 4, 2018, in Allstate v. Archer, et al., 1:17-cv-331 (WDPA, Erie), The Honorable Mark R. Hornak of the Untied States District Court, Western District of Pennsylvania, declined jurisdiction on the issues of whether a new UIM stacking waiver...
Superior Court Decides Multiple Issues In One Decision
The Pennsylvania Superior Court recently addressed the multiple issues of personal jurisdiction, spoliation, remittitur and delay damages in the case of Hammons v. Ethicon, Inc., 2018 Pa. Super. 172 (Pa. Super. June 19, 2018 Ott, J., Stabile, J.,...
Superior Court Strictly Construes Arbitration Agreement
In the recent case of Smoyer v. Care One, LLC., No. 1417 WDA 2017 (July 25, 2018), the Superior Court held that contractual Arbitration Agreements are to be strictly construed and upheld a lower court’s denial of a Petition to Arbitrate filed by...
Court Found Insurer Has No Duty to Defend or Indemnify Front Seat Passenger who Grabs the Steering Wheel
In State Farm v. Dooner, ____A.3d ____, 2018 PA Super 146 (June 4, 2018), the Superior Court held that the trial court properly granted summary judgment in favor of State Farm, when Dooner, a passenger in her friend’s vehicle, grabbed the...
Pennsylvania Supreme Court to Review the Validity of Unlisted Resident Driver Exclusions in Automobile Policies
Last year, we reported on a Pennsylvania Superior Court decision in Safe Auto Insurance v. Oriental-Guillermo, 2017 Pa. Super. 297 (September 18, 2017) where the Pennsylvania Superior Court upheld an Unlisted Resident Driver Exclusion in an...
Eastern District Holds That New Sec. 1738 Stacking Forms are Required When Increased UM/UIM Limits are Requested (Mem.Op.)
In the case of Barnard v. The Travelers Home and Marine Ins. Co., No. 17-00290 (E.D. Pa. Feb. 5, 2018 McHugh, J.) (Mem. Op.), the Eastern District Court addressed the issue of whether a carrier was required to obtain an updated Section 1738...