Kenneth M Portner

July 25, 2019 | The Legal Intelligencer

Claims-made insurance policies provide coverage for claims made during the policy period regardless of when the events out of which the claim arose occurred.

By Kenneth M. Portner

8 minute read

November 01, 2018 | The Legal Intelligencer

Insurance policies do not cover injury intentionally caused by the insured. Coverage of such claims would be antithetical to the basic principle of insurance.

By Kenneth M. Portner

8 minute read

January 30, 2018 | FC&S Insurance

Pennsylvania law requires auto insurers to offer insureds the option to purchase uninsured motorist (UM) coverage. UM coverage provides compensation for…

By Kenneth M. Portner

7 minute read

January 25, 2018 | The Legal Intelligencer

Pennsylvania law requires auto insurers to offer insureds the option to purchase uninsured motorist (UM) coverage. UM coverage provides compensation for insureds injured in accidents caused by the negligence of uninsured drivers or in “hit and run” accidents where the at-fault driver is never identified or by the negligence of underinsured drivers.

By Kenneth M. Portner

7 minute read

November 02, 2017 | The Legal Intelligencer

In 1990, the Pennsylvania General Assembly enacted Pennsylvania's insurance bad faith statute, codified at 42 Pa.C.S. §8371 (Section 8371).

By Kenneth M. Portner

16 minute read

August 03, 2017 | The Legal Intelligencer

Insurance companies often prefer to litigate insurance coverage issues in federal courts. There are a number of reasons for this. First, well-founded or not, there is a general perception that the federal bench is more accustomed to addressing the complex legal issues that can sometimes arise in insurance coverage disputes. Second, while insurance coverage litigation is often adjudicated on dispositive motions, where there is a factual dispute to be resolved, the federal courts offer a more diverse jury pool, an important factor where the state court jury pool is perceived as unfriendly to insurers. Finally, litigation in federal court insulates an insurer from any perceived local bias in favor of a local insured.

By Kenneth M. Portner

7 minute read

April 13, 2017 | The Legal Intelligencer

Liability insurance policies generally provide both indemnification against loss and defense against claims and suits. The cost of defense is generally paid in addition to the policy limits for indemnity.

By Kenneth M. Portner

13 minute read

November 17, 2016 | FC&S Insurance

Every motor vehicle liability insurance policy delivered or issued for delivery in Pennsylvania must offer the option to purchase uninsured and underinsured…

By Kenneth M. Portner

6 minute read

November 04, 2016 | The Legal Intelligencer

Every motor vehicle liability insurance policy delivered or issued for delivery in Pennsylvania must offer the option to purchase uninsured and underinsured motorist coverages, 75 Pa.C.S. Section 1731(a). If an insured purchases the UM/UIM coverage, the limits of coverage available for an insured is by default the sum of the limits of each motor vehicle as to which the injured person is an insured, as in 75 Pa.C.S. Section 1738(a). This is referred to as "stacking." However, an insured purchasing UM/UIM coverage must be offered the opportunity to waive stacked limits in return for a reduced premium, 75 Pa.C.S. Section 1738(c). The waiver is effected by executing a statutorily prescribed written stacking rejection form, 75 Pa. C.S. Section 1738(d).

By Kenneth M. Portner

12 minute read

August 04, 2016 | The Legal Intelligencer

Commercial general liability insurance policies typically cover those sums an insured becomes legally obligated to pay as damages because of "bodily injury." That term is usually defined as: "bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time."

By Kenneth M. Portner

11 minute read