Recent News:
In the case of Shepherd v. Talotta, No. 2:20-CV-01046-CFK (USDC EDPA, April 22, 2021), Judge Kenney of the Eastern District Court upheld a regular use exclusion to underinsured motorist coverage (UIM) and rejected the Plaintiff's public policy and Gallagher v. Geico...
In the case of Gibson v. State Farm Mut. Auto. Ins. Co., No. 20-1609 (3d Cir. Jan. 21, 2021), the Third Circuit of Pennsylvania reversed the lower court’s decision to mold the UIM limits of coverage finding that the Section 1734 of the PMVFRL requires only that the...
In Erie Insurance Exchange v. King, the Superior Court recently applied a household exclusion in the policy, despite the Supreme Court's prior ruling in Gallagher v. GEICO that household exclusions should be eliminated or limited to their facts. In King, Erie filed a...
In the recent case of Graham v. Check, No. WAP 2019 ( Pa. Dec. 22, 2020) a 5-2 majority of the Pennsylvania Supreme Court reinterpreted the when the sudden emergency "defense" can be applied in a pedestrian-vehicle accident. Prior to Graham, the sudden emergency...
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'...