In a fact specific analysis, a Montgomery County Common Pleas Judge ruled in Erie Insurance Exchange v. Montesano, No. 2016-13318 (C.P. Montg. Co. Sept. 1, 2020 Rogers, J.), that Christiana Montesano, an adult daughter who lived periodically in various relatives'...
Articles/E-Alerts
The Regular Use Exclusion Survives But Remains Under Fire
In Conti v. Erie Insurance Exchange, (Schuylkill County 09/25/20), Judge Russell upheld a “regular use” exclusion in the Erie policy. The plaintiff was operating a police vehicle during his employment as a police officer. He was responding to an accident scene when...
Western District Upholds Gallagher With Two Different Carriers
The Federal Court for the Western District of Pennsylvania recently held that National General’s household vehicle exclusion was invalid even when two different insurance carriers’ underinsured motorist coverage (UIM) policies were involved. National General...
Courts Differ on Similar Claims for Punitive Damages
In Wilson v. Matas, No. 10067 of 2020, C.A. (C.P. Lawrence Co. June 3, 2020, Moto, P.J.), the Court sustained Preliminary Objections to strike claims for punitive damages. After a rear-end motor vehicle accident, Defendant admitted to the police that she was not...
Another Recent Gallagher Decision
In the recent case of Donegal Mutual Insurance Company v. Krautsack, No. CI-19-04904 (C.P. Lancaster Co. Aug. 28, 2020), Court of Common Pleas Judge David Ashworth granted summary judgment to Devin Krautsack and denied Donegal's cross-motion for summary judgment....