Commercial Policy Stacking Addressed Again By The Superior Court
The Pennsylvania Superior Court issued a non-precedential opinion on February 13, 2018, in the case of Selective Insurance Company of South Carolina v. Dawn Koons-Gill, (Docket No. 163 MDA 210), which affirmed a 2016 decision by Trial Judge...
Regular Use Exclusion Upheld Again by Eastern District Court
In the case of Reeves v. The Travelers Companies, No. 16-6448 (E.D. Pa. Oct. 30, 2017, Baylson, J.), the court again upheld an insurance carrier’s regular use exclusion and entered summary judgment in favor of the insurance company. Plaintiff...
UM/UIM Stacked Insurance Waiver Form Must Be Signed By Insured, But Can Be Dated By Someone Else
The Pennsylvania Superior Court in DeCrosta v. Erie Insurance Group, No. 2982 E.D.A. 2016 (Pa. Super. Oct. 18, 2017) issued a non-precedential decision affirming the entry of summary judgment in favor of Erie determining that the insured was not...
Superior Court Upholds Unlisted Resident Driver Exclusion
In Safe Auto Insurance v. Oriental- Guillermo, 2017 Pa. Super. 297 (September 18, 2017), the Pennsylvania Superior Court upheld an Unlisted Resident Driver Exclusion in an automobile policy issued by Safe Auto Insurance Company (“Safe Auto”) which ...
Supreme Court Allows Blood Alcohol Evidence Without Independent Corroborating Evidence Of Intoxication
On September 28, 2017, in the Estate of Thomas Coughlin v. Massaquoi, the Supreme Court of Pennsylvania declined to adopt a bright-line rule for the admissibility of a BAC based upon the existence of independent corroborating evidence. Instead, the...
Supreme Court to Look Again at GEICO v. Ayers
Gallagher v. GEICO Indemnity, No. 87 WAL 2018 (Pa. Aug. 8 2017) granted an appeal to address the household exclusion and stacking when multiple policies, including a motorcycle policy, are issued by the same insurance company. Specifically the...
When is Evidence of Intoxication Admissible in Auto Cases?
The Pennsylvania Superior Court recently provided additional guidance for when evidence of a driver’s intoxication may be admitted into evidence. In Partlow v. Gray, No. 2017 Pa. Super. 187 (Pa. Super. June 15, 2017) the defendant driver...
Pennsylvania Superior Court recognizes same-sex common-law marriage
In a recent decision, the Pennsylvania Superior Court has recognized a same-sex, common-law marriage when the marriage was entered into before the abolishment of common-law marriage in 2005. In Re: Estate of Stephen Carter Appeal of: Michael...
Third Party Binding Arbitration Award May Not Collaterally Estop a Claimant From Pursuing a Subsequent UIM Claim
In the case of Fernandez v. Erie Ins. Group, a non-precedential Pennsylvania Superior Court Memorandum, Bridget Fernandez appealed from an Order of the Montgomery County Court of Common Pleas granting Erie Insurance Company’s Motion for Summary...
UIM Sign Down Form Still Valid With Old Policy Number
In 1998, Kidd purchased an automobile policy with coverage for four (4) vehicles, including one for her son, James Fred Brown, a resident relative of the household. Subsequently, Mr. Brown’s vehicle was moved to a new policy and he executed a...
Plaintiff’s Expert Testimony Precluded for Lack of Qualification
The Pennsylvania Superior Court recently issued an opinion on whether a Plaintiff’s medical expert testimony on the reasonableness and necessity of a medical procedure should be precluded, due to that expert’s lack of qualifications. In Lingham v....
Trial Court Dismissal Affirmed Under Dead Man’s Act
The most recent decision by the Superior Court on the Dead Man’s Statute, 42, Pa. C.S.A. 5930 is the case of Davis v. Wright, 2017 Pa. Super. 48 (Feb. 27, 2017). Defendant’s Summary Judgment Motion was granted by the trial court based upon the Dead...