In their recent decision in the case of Van Divner v. Sweger, No. 1129 MDA 2020 (Pa. Super. June 24, 2021), the Pennsylvania Superior Court held a UIM forum selection clause to be unambiguous and upheld transfer of that action to another county. However, the...
Articles/E-Alerts
UIM Rejection Forms Held to be Valid
In Keeler v. Esurance Insurance Services, Inc., No. 2:20-CV-00271 (W.D. Pa. July 12, 2021 Kelly, M.J.), Federal Western District Magistrate Judge Kelly issued a Report and Recommendation in which he recommended that the court grant Esurance's Motion for Summary...
Superior Court Follows Eichelman and not Gallagher
In Erie Insurance Exchange v. Mione, 2021 Pa. Super. 91 (2021), the Superior Court of Pennsylvania declined to follow Gallagher v. GEICO and upheld the validity of a household exclusion, in a limited circumstance. This decision was entered before the holding of...
Long Anticipated Donovan Decision
On August 17, 2021, the long-awaited decision in Donovan v. State Farm was entered by the Supreme Court. The Majority Opinion by Chief Justice Baer will have long-standing effects on the Pennsylvania insurance industry. The facts were stipulated. In July...
Third Circuit Applies Gallagher and Affirms Household Exclusion to be Invalid
In National General Insurance Company v. Sheldon, No. 20-3222 (3rd. Cir. July 14, 2021) [Not Precedential], the Third Circuit determined the household exclusion in the insurance carrier's policy was invalid and applied Gallagher v. GEICO, 201 A.3d 131 (Pa. 2019)....