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...
Articles/E-Alerts
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 Cir. July 14, 2021) [Not Precedential], the Third Circuit determined the household exclusion in the insurance carrier's policy was invalid and applied Gallagher v. GEICO, 201 A.3d 131 (Pa.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)....
Summary Judgment Granted in Premises Liability Case
In Cappollella v. R & R Construction and Frank Fratarcangelli, et. al., the Monroe County Court (J. Williamson) granted Summary Judgment to each of three defendants in a premises liability case. The Motions were filed by two tenants and the property owner, each of...