In Mitchell v. Milburn, No. 344 C.D. 2017 (Pa. Cmwlth. Dec.6, 2018), the Commonwealth Court upheld the sudden emergency doctrine as a defense when a defendant finds him or herself in a perilous situation which leaves little or no time to apprehend a situation and act...
Articles/E-Alerts
The Supreme Court Ends The Family Car Exclusion
On January 23, 2019, in Gallagher v. GEICO, 35 WAP 2017 (2019), the Pennsylvania Supreme Court held that that the household / family car exclusion violates the Motor Vehicle Financial Responsibility Law. This opinion will impact claims for stacked uninsured and...
“Snap Removals” Upheld By The Third Circuit
The U.S. Court of Appeals for the Third Circuit recently issued a precedential decision in Encompass Insurance Company v. Stone Mansion Restaurant, Inc., No.: 17-1479, 2018 U.S. App. LEXIS 23576 (3d Cir. Aug. 22, 2018), authorizing a defense tactic known as “snap...
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 Plaintiff had satisfied...
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 and his wife...