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September 27, 2024 | The Legal Intelligencer

Pa. High Court Shuts Down Insurance Coverage of COVID-19 Financial Losses

The ruling marks the first time the high court has addressed a claim for business interruption insurance related to the COVID-19 pandemic.
4 minute read
July 25, 2024 | The Legal Intelligencer

Current Status of Household and Regular Use Exclusions

Litigation regarding the validity and enforceability of various exclusions in auto policies in Pennsylvania is a never-ending tug of war between claimants and insurance companies. The most heated battles are in the realm of household and regular use exclusions. The fight over these exclusions may finally be coming to an end.
8 minute read
April 08, 2024 | The Legal Intelligencer

Authority Over Tort Law and Attorney Discipline: What the Pa. High Court Is Eyeing in April

The 11 cases set to go before the justices touch on a range of impactful issues, including federal authority to shape tort law, insurance coverage for COVID-19 business interruption claims, and the burden of proof required to demonstrate rule violations in lawyer discipline matters.
5 minute read
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

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