Jul 4, 2014 | Articles/E-Alerts
An evenly divided Supreme Court has affirmed the Superior Court’s holding that an emotional or mental distress claim by a physically uninjured bystander, who witnessed a family member get hit and killed by a car, is found to be its own “bodily injury” so as to trigger...
Jul 4, 2014 | Articles/E-Alerts
Recently, the Pennsylvania Supreme Court, in AAA Mid-Atlantic Insurance Company v. Ryan, No. 12 MAP 2013 (Pa. 2014) considered whether, under an insurance policy for underinsured motorist (“UIM”) coverage, the amount of an insured’s recovery may be offset by the...
Jun 27, 2014 | Articles/E-Alerts
On June 6, 2014, the Superior Court of Pennsylvania issued an new opinion on the requirement of waivers under Sec. 1738 of the MVFRL for stacked UM/UIM (Uninsured/Underinsured motorist coverage) in Bumbarger v. Peerless Indemnity Insurance Company, 2014 PA Super 115;...
Jun 19, 2014 | Articles/E-Alerts
I. INTRODUCTION On March 25, 2009, United States District Judge, Joy Flowers Conti, authored a 97 page Memorandum Opinion addressing the validity of liens placed by the Pennsylvania Department of Public Welfare on settlement proceeds obtained from third parties by...
Jun 19, 2014 | Articles/E-Alerts
In the realm of personal injury litigation, over the years, individuals involved in traumatic events have been diagnosed with numerous injuries and disorders that often cause one to wonder just how such an injury could be caused by an accident. TMJ syndrome was the...