July 25, 2024 | The Legal Intelligencer
Current Status of Household and Regular Use ExclusionsLitigation regarding the validity and enforceability of various exclusions in auto policies in Pennsylvania is a never-ending tug of war between claimants and insurance companies. The most heated battles are in the realm of household and regular use exclusions. The fight over these exclusions may finally be coming to an end.
By James C. Haggerty, Jeffrey K. Stanton and Dennis Coyne
8 minute read
April 04, 2024 | The Legal Intelligencer
Prophylactic Affirmative Defenses: Doing More Harm Than Good?While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
By James C. Haggerty, Jeffrey Stanton and Dennis Coyne
7 minute read
January 18, 2024 | The Legal Intelligencer
Common Law Bad Faith: A Neglected RemedyDespite protestations from the insurance industry to the contrary, common law bad faith damages can be pursued in the lawsuit seeking extra-contractual damages from insurers under policies of insurance.
By James C. Haggerty, Jeffrey Stanton and Dennis Coyne
9 minute read
July 27, 2022 | The Legal Intelligencer
Growing Trend: Increased Scrutiny of Auto Policy ExclusionsExclusions in auto policies in Pennsylvania have recently undergone increased scrutiny by the Courts. At the forefront of this re-evaluation is the household exclusion. That exclusion bars recovery of uninsured (UM) and underinsured (UIM) motorist benefits where the claimant sustained injury while operating a household vehicle insured on other policy, typically the personal auto/motorcycle situation.
By James C. Haggerty, Jeffrey Stanton and Dennis Coyne
3 minute read
July 30, 2020 | The Legal Intelligencer
The Premium Payment Myth in Auto Exclusion CasesIn Pennsylvania, there has been much recent litigation involving the validity and enforceability of household, family car and regular use exclusions in automobile policies.
By James C. Haggerty, Suzanne Tighe and Jeffrey Stanton
7 minute read
November 10, 2018 | The Legal Intelligencer
Stacking of UM/UIM Coverages for Newly Acquired VehiclesUnder the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et seq., stacking of uninsured motorist (UM) and underinsured motorist (UIM) coverages may be waived.
By James C. Haggerty
7 minute read
November 24, 2015 | The Legal Intelligencer
Representing Immigrant Workers in Personal Injury ClaimsAccording to recent statistics, there are between 6.4 and 8 million people who entered the country illegally and are a part of the U.S. labor force. The type of work performed by these workers is often very dangerous—they commonly work in the areas of construction, agriculture and manufacturing. Statistically, these workers comprise approximately 6 percent of the civilian workforce while suffering nearly 10 percent of work-related injuries.
By Charles J. Schleifer and James C. Haggerty
7 minute read
November 23, 2015 | The Legal Intelligencer
Representing Immigrant Workers in Personal Injury ClaimsAccording to recent statistics, there are between 6.4 and 8 million people who entered the country illegally and are a part of the U.S. labor force. The type of work performed by these workers is often very dangerous—they commonly work in the areas of construction, agriculture and manufacturing. Statistically, these workers comprise approximately 6 percent of the civilian workforce while suffering nearly 10 percent of work-related injuries.
By Charles J. Schleifer and James C. Haggerty
7 minute read
June 17, 2014 | The Legal Intelligencer
Pennsylvania's UM and UIM Stacking Rules ClarifiedIn Pennsylvania, questions exist as to whether and when insurers need to obtain new stacking waivers when new vehicles are added to existing policies providing unstacked uninsured and underinsured motorist coverages.
By James C. Haggerty
8 minute read
February 25, 2014 | The Legal Intelligencer
Making the Switch From Defense to Plaintiffs WorkNearly two years ago, I made a career move that some thought risky. As a career defense attorney on the management committee of a large defense firm, my decision to move to plaintiffs work represented a major career shift.
By James C. Haggerty
7 minute read