Jun 14, 2021 | Articles/E-Alerts
In Cappollella v. R & R Construction and Frank Fratarcangelli, et. al., the Monroe County Court (J. Williamson) granted Summary Judgment to each of three defendants in a premises liability case. The Motions were filed by two tenants and the property owner, each of...
May 17, 2021 | Articles/E-Alerts
In the case of Shepherd v. Talotta, No. 2:20-CV-01046-CFK (USDC EDPA, April 22, 2021), Judge Kenney of the Eastern District Court upheld a regular use exclusion to underinsured motorist coverage (UIM) and rejected the Plaintiff’s public policy and Gallagher v....
Apr 30, 2021 | Articles/E-Alerts
In the case of Gibson v. State Farm Mut. Auto. Ins. Co., No. 20-1609 (3d Cir. Jan. 21, 2021), the Third Circuit of Pennsylvania reversed the lower court’s decision to mold the UIM limits of coverage finding that the Section 1734 of the PMVFRL requires only that the...
Feb 26, 2021 | Articles/E-Alerts
In Erie Insurance Exchange v. King, the Superior Court recently applied a household exclusion in the policy, despite the Supreme Court’s prior ruling in Gallagher v. GEICO that household exclusions should be eliminated or limited to their facts. In King, Erie...
Jan 22, 2021 | Articles/E-Alerts
In the recent case of Graham v. Check, No. WAP 2019 ( Pa. Dec. 22, 2020) a 5-2 majority of the Pennsylvania Supreme Court reinterpreted the when the sudden emergency “defense” can be applied in a pedestrian-vehicle accident. Prior to Graham, the sudden...
