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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.
7 minute read
January 18, 2024 | The Legal Intelligencer

Common Law Bad Faith: A Neglected Remedy

Despite 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.
9 minute read
December 19, 2023 | Insurance Coverage Law Center

PA Court Rules That 'Unlicensed Driver Exclusion' Runs Counter to State Law

The December 5 opinion held that the coverage exclusion in Nationwide's policy went against the Motor Vehicle Financial Responsibility Law.
5 minute read
December 06, 2023 | The Legal Intelligencer

Pa. Court Invalidates Insurance Carrier's Unlicensed Driver Exclusion for First-Party Medical Benefits

"The law sets the standard and when the company narrows and conflicts with the law the provision will be deemed invalid," attorney Scott Cooper of Schmidt Kramer said.
4 minute read
July 14, 2023 | The Legal Intelligencer

Pa. Supreme Court Agrees to Hear Arguments in Two Diverging COVID-19 Business Interruption Cases

According to the orders granting allocatur, the justices will hear arguments simultaneously in the two cases, in which the Pennsylvania Superior Court reached opposite conclusions regarding coverage.
4 minute read
May 23, 2023 | The Legal Intelligencer

'Wild West of Insurance': Attorneys Battle Over 'Regular Use' Exclusion in UM/UIM Policies

The high court heard oral arguments Tuesday over whether the Pennsylvania's Motor Vehicle Financial Responsibility Law prohibits UM/UIM policies from excluding coverage for vehicles a policyholder regularly uses but does not own or insure.
3 minute read
April 13, 2023 | The Legal Intelligencer

COVID Case Coordination and Liquor Liability: What the Pa. Supreme Court Is Eyeing in April

The 10 matters slated to go before the justices include the consolidation of pandemic-related business interruption claims against Erie Insurance Exchange procedure and whether an employer can be held liable for overserving alcohol to a guest at a business outing.
3 minute read
December 28, 2022 | The Legal Intelligencer

Drexel Hill Lawyer Disbarred After Attempting to Represent a Client While Suspended

Sater had been initially suspended in October 2018 on a temporary emergency basis for allegedly misappropriating client funds.
3 minute read
September 07, 2022 | The Legal Intelligencer

Next Up for Pennsylvania High Court: Voting Machines, Auto Insurance Stacking and Scrapped DHS Benefits Program

The justices are set to hear a 15-case lineup, including arguments over an "aiding and abetting fraud" claim's validity, voting machine inspections, underinsured motorist coverage and an act eliminating the General Assistance cash benefit program.
6 minute read
August 17, 2022 | The Legal Intelligencer

Judge OKs $750K Fee Award for Stacking Class Action Settlement, Netting Up to $3.2M

Stockdale is one of a few putative class actions alleging insurers have improperly used household exclusions to bar stacked uninsured and underinsured motorist coverage since as far back as 1990.
3 minute read

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