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