The Pennsylvania Superior Court recently addressed the multiple issues of personal jurisdiction, spoliation, remittitur and delay damages in the case of Hammons v. Ethicon, Inc., 2018 Pa. Super. 172 (Pa. Super. June 19, 2018 Ott, J., Stabile, J., Stevens, P.J.E.) (Op....
Articles/E-Alerts
Superior Court Strictly Construes Arbitration Agreement
In the recent case of Smoyer v. Care One, LLC., No. 1417 WDA 2017 (July 25, 2018), the Superior Court held that contractual Arbitration Agreements are to be strictly construed and upheld a lower court’s denial of a Petition to Arbitrate filed by the Defendant. The...
Court Found Insurer Has No Duty to Defend or Indemnify Front Seat Passenger who Grabs the Steering Wheel
In State Farm v. Dooner, ____A.3d ____, 2018 PA Super 146 (June 4, 2018), the Superior Court held that the trial court properly granted summary judgment in favor of State Farm, when Dooner, a passenger in her friend’s vehicle, grabbed the steering wheel and...
Pennsylvania Supreme Court to Review the Validity of Unlisted Resident Driver Exclusions in Automobile Policies
Last year, we reported on a Pennsylvania Superior Court decision in Safe Auto Insurance v. Oriental-Guillermo, 2017 Pa. Super. 297 (September 18, 2017) where the Pennsylvania Superior Court upheld an Unlisted Resident Driver Exclusion in an automobile policy issued by...
Eastern District Holds That New Sec. 1738 Stacking Forms are Required When Increased UM/UIM Limits are Requested (Mem.Op.)
In the case of Barnard v. The Travelers Home and Marine Ins. Co., No. 17-00290 (E.D. Pa. Feb. 5, 2018 McHugh, J.) (Mem. Op.), the Eastern District Court addressed the issue of whether a carrier was required to obtain an updated Section 1738 rejection of stacking...