On June 10, 2022, Burns White attorneys obtained full, with-prejudice dismissals in two significant, federal court putative class actions on behalf of an insurance client/defendant, a major insurer and banking services provider to past and present members of the United States military.
The two class actions, both filed in the United States District Court for the Eastern District of Pennsylvania (Philadelphia), challenged aspects of the insurer’s coverage and associated insurance charges for classes of single-vehicle owners in instances where the single-vehicle owners had elected “stacked” motor vehicle coverage. Burns White’s team combined insurance litigation experts Bob Dapper and Dan Twilla with class action counsel Lyle Washowich and Tom Pohl. Following a moot court session conducted at Burns White’s offices by the litigation team and an in-person oral argument in Philadelphia before Senior U.S. District Judge Michael M. Baylson argued by Dan Twilla, and assisted in the courtroom by Tom Pohl, the court issued a Rule 12(b)(6) dismissal, with prejudice, in defendants favor for both of the class actions. In doing so, the court’s opinion relied heavily upon the interpretations of Pennsylvania Supreme Court precedent presented by Dan Twilla and further elaborated upon within Burns White’s briefing.