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  • Williams v. Nationwide Ins.

    Publication Date: 2023-04-17
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1090

    Insurer moved for summary judgment in plaintiff's action asserting he was entitled to reimbursement for the amount he paid to homeowners to buy their fire damaged house that they used to satisfy their mortgage and court found plaintiff did not step into bank's shoes, as he alleged, and any duty insurer had to pay under the standard mortgage clause in the homeowners' insurance policy was discharged once homeowners satisfied the mortgage. Motion granted.

  • County of Monmouth v. Rite Aid Corp.

    Publication Date: 2023-04-17
    Practice Area: Insurance Law
    Industry: Pharmaceuticals | Retail | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-cv-2024

    Court declined motion to compel arbitration against non-signatory pursuant to doctrine of equitable estoppel where plaintiff's claims were clearly based in tort rather than contract and plaintiff would have no reason to know of the existence of the arbitration provision being enforced. Defendant's motion to compel arbitration denied.

  • Liberty Ins. Underwriters, Inc. v. Cocrystal Pharma, Inc.

    Publication Date: 2023-04-11
    Practice Area: Insurance Law
    Industry: Biotechnology | Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: Tamara D. Bruno, Pillsbury Winthrop Shaw & Pittman, Houston, TX; Peter M. Gillon, Jesse N. Vazquez, Pillsbury Winthrop Shaw & Pittman, Washington DC; Brandon R. Harper, Carla M. Jones, Jennifer C. Wasson, Potter Anderson & Corroon, Wilmington, DE for appellant.
    for defendant: Robert L. Ebby, Ronald P. Schiller, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for appellee.
    Case Number: 22-2242

    The court reversed the holding of the District Court that found a SEC investigation did not trigger coverage under a director and officer liability insurance policy.

  • Crum & Forster Specialty Ins. Co. v. Detect Tank Serv., LLC

    Publication Date: 2023-04-10
    Practice Area: Insurance Law
    Industry: Energy | Insurance | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-542

    Insurer had no duty to defend/indemnify fuel tank servicer for alleged negligent recertification of tank where the policy excluded coverage for professional services and the underlying lawsuit did not allege a breach of an ongoing duty, precluding E&O coverage. Plaintiff's motion for judgment on the pleadings granted, defendants' cross-motion for partial judgment on the pleadings denied.

  • Samsung Fire & Marine Ins. Co. Ltd. v. UFVS Mgmt. Co., LLC

    Publication Date: 2023-04-03
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kenney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-04365

    Plaintiff insurers moved for judgment on the pleadings in their declaratory judgment action seeking a declaration they had no duty to defend or indemnify policyholders in state court actions alleging policyholders committed negligence and negligently inflicted emotional distress in ignoring obvious signs of sex trafficking in hotel and court found the alleged facts implicated conduct that was criminalized under the Pennsylvania Human Trafficking Law and it was against public policy in Pennsylvania to provide insurance for loss attribu

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    Lancaster County & Berks County Court Rules 2023

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  • Borden v. NGM Ins. Co.

    Publication Date: 2023-04-03
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1878

    Insurance bad faith claim dismissed on summary judgment where both parties contributed to delays in processing of an underinsured motorist claim and where insurer's conduct, though demonstrating a lack of diligence, did not rise to the level of bad faith. Defendant's motion for partial summary judgment granted.

  • Erie Ins. Exch. v. Mione

    Publication Date: 2023-03-06
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 89 MAP 2021

    Lower courts correctly distinguished Gallagher v. GEICO Indem. Co., 201 A.3d 131, and correctly enforced the household vehicle exclusion in appellant's wife's policy when he sought UM/UIM coverage for his motorcycle accident where his motorcycle insurance policy had no UM/UIM coverage and court rejected the view that household vehicle exclusions were ipso fact unenforceable. Affirmed.

  • Westminster Am. Ins. Co. v. Bond

    Publication Date: 2023-03-06
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 161 CIVIL 2021

    Plaintiffs, a landlord and its insurer, could not maintain this subrogation action against the defendant tenants where the terms of both the commercial and residential leases at issue suggested that defendants were implied co-insureds on landlord's fire insurance policy. The court granted defendants' motion for summary judgment.

  • Smart v. Allstate Ins. Co.

    Publication Date: 2023-02-06
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3910

    Insurer moved for summary judgment in plaintiff's breach of contract action for uninsured motorist coverage for a hit-and-run accident and court found the absence of cellphone records to support plaintiff's contention that he called police did not undermine plaintiff's testimony so as to require summary judgment and the issue remained one for the jury. Motion denied.

  • Erie Ins. Exch. v. Backmeier

    Publication Date: 2023-01-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 323 WDA 2022

    Motor Vehicle Financial Responsibility Law's requirement for excess underinsured motorist coverage did not preclude limitation of protection clause that was consistent with the policyholder's valid execution of a waiver of stacked UIM coverage. Judgment of the trial court affirmed.