Contemporaneous Observance Requirement for Negligent Infliction of Emotional Distress Claim Upheld
A United States District Court recently reiterated Pennsylvania’s “contemporaneous observance” requirement as necessary to establish a claim for negligent infliction of emotional distress in Rapchak v. Freightliner Custom Chassis, et al, U.S.D.C....
Superior Court Uphold Jury Verdict of Zero Damages
The Superior Court, in a recent unpublished decision, affirmed a jury’s decision that Defendant’s negligence caused harm to Plaintiff but that harm was insignificant and unworthy of compensation. Notaro v. Pfaffle, 2015 Pa. Super., Unpub. LEXIS...
Punitive Damages Awarded Against An Insured Are Not Recoverable In A Bad Faith Suit Against The Insurer
A recent 3rd Circuit decision has excluded punitive damages awarded in the underlying suit from the types of damages an insurer may be liable for in a subsequent breach of contract or bad faith suit. In Wolfe v. Allstate Prop. & Cas. Ins. Co.,...
The Supreme Court Declines to Enforce an Employer Liability Exclusion
The recent case of Mutual Ben. Ins. Co., v. Politsopoulos concerned the scope of an employer’s liability exclusion in an umbrella commercial liability insurance policy. Leola Restaurant maintained an umbrella commercial liability insurance policy...
Monroe County Denies Request to Sever UIM and 3rd Party Claims
In Cahill v. Fritz and Hartford Insurance Company, C.P. Monroe County (January 13, 2015, Willamson,J.),Plaintiff’s asserted negligence and punitive damages claims against Defendant Fritz and a UIM claim against Defendant Hartford. The action arose...
Statute of Limitations for Limited Tort Lawsuits May Be Extended
The Pennsylvania Superior Court held in the case of Varner-Mort v. Kapfhammer, 2015 Pa. Super. 14 (January 21, 2015) that the statute of limitations for limited tort lawsuits begins when the plaintiff discovers that the alleged injuries are...
Middle District Court Denies Carrier’s MSJ on Claims for Stacked UIM Benefits and Bad Faith
Connolly v. Progressive Northern Insurance Company,3:13-CV-2717 (M.D. Pa. Feb. 4, 2015 Conaboy, J.) On February 26, 2009, April Connolly was involved in a motor vehicle accident with tortfeasor driver Thorton. Plaintiff placed Progressive on notice...
UIM Rejection Form Upheld with Minor Typographical Error
In Nuon, et al v. Bristol West Ins. Gr., No. 1867 EDA 2014 (Pa. Super. 2015) the Superior Court, in a non-precedential Opinion, affirmed the Trial Court’s ruling that a minor typo in an underinsured motorist waiver would not render the waiver...
No UIM Coverage for Non-Resident “Driver”
Carter v. Peerless Indemnity Insurance Company, Memorandum Decision, No. 684 EDA 2014 (Pa. Super. February 13, 2015). Plaintiff Carter was a passenger in a motor vehicle that was involved in an accident. Carter asserted that the negligent...
Venue Transfer Upheld Under Forum Non Conveniens
In Lee v. Bower Lewis Thrower, ____ A.3d ____ 2014 PA Super 240 (October 22, 2014), the Superior Court of Pennsylvania affirmed a trial court order granting motion for forum non conveniens. The case was moved from Philadelphia County to Centre...
“Named Driver Only” Provision Found To Be Valid
The Montgomery County Court of Common Pleas in An v. Gillmore and Victoria Fire & Cas. Co., No. 2013-civil-06320 (Sept. 2, 2014, Haas J.) addressed the validity of a “named driver only” automobile insurance policy. There was a motor...
Lackawanna County Court Rules How The UM/UIM Carrier Will Be Identified And What Will Be Told To The Jury
In Moritz v. Horace Mann Property & Casualty Ins. Co., C.P. Lackawanna County, Number 13 CV 544 (11/10/2014), the Court, in a case of first impression, detailed how a UM/UIM carrier will be identified to a the Jury when the carrier is the only...