The Superior Court, in a recent unpublished decision, affirmed a jury’s decision that Defendant’s negligence caused harm to Plaintiff but that harm was insignificant and unworthy of compensation. Notaro v. Pfaffle, 2015 Pa. Super., Unpub. LEXIS 735. The Superior...
Articles/E-Alerts
Punitive Damages Awarded Against An Insured Are Not Recoverable In A Bad Faith Suit Against The Insurer
A recent 3rd Circuit decision has excluded punitive damages awarded in the underlying suit from the types of damages an insurer may be liable for in a subsequent breach of contract or bad faith suit. In Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450 (3d....
The Supreme Court Declines to Enforce an Employer Liability Exclusion
The recent case of Mutual Ben. Ins. Co., v. Politsopoulos concerned the scope of an employer’s liability exclusion in an umbrella commercial liability insurance policy. Leola Restaurant maintained an umbrella commercial liability insurance policy with Mutual Benefit,...
Monroe County Denies Request to Sever UIM and 3rd Party Claims
In Cahill v. Fritz and Hartford Insurance Company, C.P. Monroe County (January 13, 2015, Willamson,J.),Plaintiff’s asserted negligence and punitive damages claims against Defendant Fritz and a UIM claim against Defendant Hartford. The action arose from an automobile...
Statute of Limitations for Limited Tort Lawsuits May Be Extended
The Pennsylvania Superior Court held in the case of Varner-Mort v. Kapfhammer, 2015 Pa. Super. 14 (January 21, 2015) that the statute of limitations for limited tort lawsuits begins when the plaintiff discovers that the alleged injuries are “serious.” Thus, the...