Kenneth Portner

Kenneth Portner

April 11, 2019 | The Legal Intelligencer

An Insurer's Obligations Regarding 'Matching Claims' Under Pa. Law

While some states have statutes and regulations setting forth an insurer's obligations with respect to matching claims, Pennsylvania is not one of them.

By Kenneth Portner

8 minute read

January 31, 2019 | The Legal Intelligencer

Appealability of Orders in Declaratory Judgment Actions

Pennsylvania appellate courts generally adhere to the “final order” rule. Under this rule, only final orders are subject to appeal as of right, 42 Pa.C.S. Section 742. A final order is one that "disposes of all claims and all parties." This rule applies the courts' longstanding policy against piecemeal litigation.

By Kenneth Portner

7 minute read

August 02, 2018 | The Legal Intelligencer

Pa. High Court to Consider Duty to Defend in Alleged Accidental Shooting

On July 10, the Pennsylvania Supreme Court granted a petition of allowance of appeal in Erie Insurance Exchange v. Moore, No. 87 WAL 2018, 2018 Pa. LEXIS 3535, a case involving an allegedly accidental shooting.

By Kenneth Portner

1 minute read

April 17, 2018 | FC&S Insurance

Excess Insurer’s Rights Against a Primary Insurer Under Pennsylvania Law

The relationship between primary and excess liability insurers has been characterized as “unusual,” as in Physicians Insurance v. Callahan,…

By Kenneth Portner

7 minute read

April 12, 2018 | The Legal Intelligencer

Excess Insurer's Rights Against a Primary Insurer Under Pennsylvania Law

The relationship between primary and excess liability insurers has been characterized as “unusual.”

By Kenneth Portner

8 minute read

August 26, 2014 | The Legal Intelligencer

The Future of Settlement Without Consent in Pa.

A "consent to settle" clause is a common feature of liability insurance policies. The clause provides that an insurer is not responsible to pay a claim that the insured settles without the insurer's consent.

By Kenneth Portner

8 minute read