In King v. US Xpress Inc., et al, No 16-2623 (3d Cir. July 11, 2018) Plaintiff was involved in an accident while driving for his employer and sought uninsured motorist benefits from his employer’s commercial insurance policy. However, the employer waived UM benefits...
Articles/E-Alerts
Texting While Driving and Punitive Damages
The Court of Common Pleas of Cumberland County addressed whether punitive damages are applicable in a case where the alleged tortfeasor was texting while driving. The Court stuck plaintiffs’ claims for punitive damages in Manning v. Barber, No. 17-7915 Civil (CP....
Court Finds Claims-Adjuster Fraudulently Joined To Defeat Diversity Jurisdiction
In the case of Reto v. Liberty Mutual Insurance and Stephania DeRosa, (Civil Action No. 18-2483) Judge Savage of the United States District Court for the Eastern District of Pennsylvania found that Plaintiffs fraudulently joined the claims adjuster to defeat diversity...
UM/UIM Rejection Found to be Valid on Commercial Policy
In Rarick v. Federated Services Ins. Co., 2:13-cv-03286-JFL (E.D. Pa 2017), Plaintiff was injured in a car accident while operating a truck owned by his employer, Keystone Automotive Operations, Inc. He sought underinsured motorist coverage from Keystone’s insurer...
Western District Declines Jurisdiction of Stacking Waiver Issue
On June 4, 2018, in Allstate v. Archer, et al., 1:17-cv-331 (WDPA, Erie), The Honorable Mark R. Hornak of the Untied States District Court, Western District of Pennsylvania, declined jurisdiction on the issues of whether a new UIM stacking waiver was required when the...