Third Circuit Predicts Pa. High Court's Application of 'Gallagher' and 'Donovan' in 'Mid-Century Insurance v. Werley'
The Third Circuit determined that the household exclusion at issue must be enforced in order to be consistent with current Pennsylvania Supreme Court precedents.
October 25, 2024 at 11:35 AM
12 minute read
Insurance LawIn Mid-Century Insurance v. Werley, 2024 U.S. App. LEXIS 22554, 114 F.4th 200 (U.S. Ct. of App., 3d Cir., September 5, 2024) (Rendell, J.), the U.S. Court of Appeals for the Third Circuit waded into the muddy waters of Pennsylvania's precedents on stacking and the household exclusion. It examined the fact situation before it and determined that the household exclusion at issue must be enforced in order to be consistent with current Pennsylvania Supreme Court precedents. In doing so, the Circuit Court also demonstrated that precision in language matters.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAfter the Decision in 'Ungarean,' Is the Battle of Insurance Coverage for COVID Losses in Pa. Over?
Mental Health Parity Regulations Finalized by the Departments of Health and Human Services, Labor and Treasury
6 minute readTractor Supply Co. Accused of Implementing Unlawful 'Tobacco Surcharges' in ERISA Class Action
3 minute readTrending Stories
- 1Free Speech Causes a Neighborly Feud
- 2Read the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
- 3Voir Dire Voyeur: I Find Out What Kind of Juror I’d Be
- 4When It Comes to Local Law 97 Compliance, You’ve Gotta Have (Good) Faith
- 5Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250