Recent News:
The Pennsylvania Superior Court recently issued an opinion on whether a Plaintiff’s medical expert testimony on the reasonableness and necessity of a medical procedure should be precluded, due to that expert’s lack of qualifications. In Lingham v. Faison, (Mem. Op.,...
The most recent decision by the Superior Court on the Dead Man’s Statute, 42, Pa. C.S.A. 5930 is the case of Davis v. Wright, 2017 Pa. Super. 48 (Feb. 27, 2017). Defendant’s Summary Judgment Motion was granted by the trial court based upon the Dead Man’s Act. The...
In Trustgard Insurance Company v. Amber Campbell, et al., 16 cv 1013 ( Mem. Op. W.D.PA 2016), the United States District Court was asked to determine if an insurer had acted in bad faith pursuant to 42 Pa.C.S.A. § 8371 by denying stacked UIM benefits to it insured....
The Superior Court has upheld a UM/UIM rejection form with minor deviations in the statutory language under 75 Pa.C.S. § 1731. The Plaintiffs were injured passengers in a vehicle owned by a local car dealer. The car dealer had rejected underinsured motorist coverage...
In Farrell v. Regola, 2016 Pa. Super. 241 (2016), the administrator of the estate of a deceased minor brought a wrongful death suit against a gun manufacturer and a neighbor after the decedent committed suicide with a gun owned by that neighbor. Throughout the course...