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![Reasonable Belief as to Mutual Mistake in Coverage Limit Results in Summary Judgment for Insurer](https://burnswhite.com/wp-content/uploads/2021/06/justice-4592723_1920-1080x675.jpg)
Reasonable Belief as to Mutual Mistake in Coverage Limit Results in Summary Judgment for Insurer
Article by Daniel Inadomi, Esq. A federal court in the Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment,...
![Traveling Employees? What Is Your Liability?](https://burnswhite.com/wp-content/uploads/2021/11/travel-1-1080x675.jpg)
Traveling Employees? What Is Your Liability?
Article by Danielle Parks, Esq. As COVID restrictions are lifted and employers move into their post-pandemic reality, many employers are resuming...
![Using Judicial Estoppel To Prevent Employees From Pursuing Fraudulent Claims](https://burnswhite.com/wp-content/uploads/2021/03/gavel700x700-700x675.jpg)
Using Judicial Estoppel To Prevent Employees From Pursuing Fraudulent Claims
Article by Nicole Bazzy, Esq. Judicial estoppel is an equitable doctrine that allows the courts to use their inherent discretion to prohibit...
![Wages, Overtime, Security & COVID-19 Screenings: What Pennsylvania Employers Need To Know](https://burnswhite.com/wp-content/uploads/2021/11/shutterstock_770351833-scaled-1-1080x675.jpg)
Wages, Overtime, Security & COVID-19 Screenings: What Pennsylvania Employers Need To Know
In Pennsylvania, employers’ obligations to pay minimum wages and overtime are primarily governed by two statutes: (i) the federal Fair Labor...
![Railroad Industry COVID-19 Whistleblower Update](https://burnswhite.com/wp-content/uploads/2021/11/cory-woodward-vYAqrQ8t5Jw-unsplash-scaled-1-1080x675.jpg)
Railroad Industry COVID-19 Whistleblower Update
Article by Jeffrey Jackson, Esq. The Federal Railroad Safety Act (FRSA) is a key piece of federal legislation for railroads and their employees....
![Reliance On Expert Opinions Demonstrates Reasonableness](https://burnswhite.com/wp-content/uploads/2020/04/photo-1575505586569-646b2ca898fc-1080x666.jpg)
Reliance On Expert Opinions Demonstrates Reasonableness
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer immediately...
![OSHA Issues Emergency Temporary Standard Mandating COVID-19 Vaccinations, or Testing/Face Covering for Employers](https://burnswhite.com/wp-content/uploads/2021/11/covid-vaccination-card-scaled-1-1080x675.jpg)
OSHA Issues Emergency Temporary Standard Mandating COVID-19 Vaccinations, or Testing/Face Covering for Employers
On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS), requiring that employers...
![UTPCPL Claim Against Insurance Professional Fraudulently Joined](https://burnswhite.com/wp-content/uploads/2020/05/shutterstock_307415057-1080x675.jpg)
UTPCPL Claim Against Insurance Professional Fraudulently Joined
In Holohan v. Mid-Century Ins. Co., the Eastern District of Pennsylvania denied an insured’s motion to remand under the fraudulent joinder doctrine...
![Insurer Obtains Summary Judgment in Body Shop Litigation](https://burnswhite.com/wp-content/uploads/2021/05/shutterstock_1610929327-scaled-1-1080x675.jpg)
Insurer Obtains Summary Judgment in Body Shop Litigation
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract, bad...
![The COVID-19 Pandemic & Its Impact On Commercial Leasing](https://burnswhite.com/wp-content/uploads/2021/09/Capture-1004x675.png)
The COVID-19 Pandemic & Its Impact On Commercial Leasing
Approximately 18 months have passed since the first coronavirus (COVID-19) shutdowns were imposed. Much has changed. In the commercial lease...
![Summary Judgment To Insurer: Continuing Investigation & Negotiation Implies Reasonableness](https://burnswhite.com/wp-content/uploads/2021/09/shutterstock_782972068-1080x675.jpg)
Summary Judgment To Insurer: Continuing Investigation & Negotiation Implies Reasonableness
The Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed the insureds’ bad faith claim after...
![Put a Ring On It!](https://burnswhite.com/wp-content/uploads/2021/09/shutterstock_1789647884-1080x675.jpg)
Put a Ring On It!
Article by Aleksandra Kocelko, Esq. If you are glued to your TV on Monday nights watching The Bachelorette speak her mind and hand out red roses,...
![Professional Liability & COVID: What Healthcare Providers In Pennsylvania Need To Know](https://burnswhite.com/wp-content/uploads/2020/09/COVID-Image.jpg)
Professional Liability & COVID: What Healthcare Providers In Pennsylvania Need To Know
Article by Andrew Hazi, Esq. and Ali Erndl, Esq. The COVID-19 pandemic has strained Pennsylvania’s healthcare system in unprecedented ways. In...
![Insurer Obtains Summary Judgment in Body Shop Litigation](https://burnswhite.com/wp-content/uploads/2021/05/shutterstock_1610929327-scaled-1-1080x675.jpg)
No “Doubt” UIM Rejection Form Valid
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract and bad...
![Insurer Obtains Summary Judgment in Body Shop Litigation](https://burnswhite.com/wp-content/uploads/2021/05/shutterstock_1610929327-scaled-1-1080x675.jpg)
“Participation Theory” Insufficient to Render Liability Against Insurance Professional
The Western District of Pennsylvania recently granted an insurer’s motion to dismiss claims asserted against an insurance adjuster after finding...
![Kids & Custody](https://burnswhite.com/wp-content/uploads/2021/08/Family-Law-1440x900-1-1080x675.jpg)
Kids & Custody
Article by Aleksandra Kocelko, Esq. Parents beginning the custody process often ask how the children may be involved. Attorneys are often asked at...
![What Information Should A Company Include In Its Employee Handbook?](https://burnswhite.com/wp-content/uploads/2020/02/Employment-Handbook-1080x675.jpg)
What Information Should A Company Include In Its Employee Handbook?
Article by Mark Sottile, Esq. Employee handbooks serve a variety of purposes. While handbooks serve to establish expectations for employers and...
![UTPCPL Claim Against Insurance Agent Found “Colorable”](https://burnswhite.com/wp-content/uploads/2020/01/Gavel1440x900-1080x675.jpg)
UTPCPL Claim Against Insurance Agent Found “Colorable”
Judge Horan of the United States District Court for the Western District of Pennsylvania recently granted an insureds’ motion to remand after...
![Federal Court Finds No Interception Of Online Shoppers’ Data By Third-Party Advertising Company](https://burnswhite.com/wp-content/uploads/2021/07/cyber-security-data-breach-scaled-1-1080x675.jpg)
Federal Court Finds No Interception Of Online Shoppers’ Data By Third-Party Advertising Company
Article by Daniel Inadomi, Lyle Washowich, and Marvi Wahla A recent federal court ruling in a matter of first impression could have broad...
![No Obligation to Pay “Undisputed Amount”](https://burnswhite.com/wp-content/uploads/2020/06/gavel1440x990-1080x675.jpg)
No Obligation to Pay “Undisputed Amount”
The Eastern District of Pennsylvania recently denied an insured’s motion for summary judgment after finding that an insurer did not concede...
![What Is Legal Custody?](https://burnswhite.com/wp-content/uploads/2021/07/Adjusted-Paper-Doll-700x675.jpg)
What Is Legal Custody?
Article by Aleksandra Kocelko, Esq. Parents beginning the custody process are often unfamiliar with the terms and phrases used by lawyers in court....
![Do’s & Don’ts Of Your Initial Separation](https://burnswhite.com/wp-content/uploads/2021/06/zoriana-stakhniv-PUVgHyBgZn8-unsplash-1080x675.jpg)
Do’s & Don’ts Of Your Initial Separation
Article by Aleksandra Kocelko, Esq. The initial days and weeks following a separation are emotional and challenging. The choices made during this...
![Are You Prepared For A Data Breach?](https://burnswhite.com/wp-content/uploads/2021/01/cybersecurity-scaled-1-1080x675.jpg)
Are You Prepared For A Data Breach?
Article by Daniel Inadomi, Esq. Data breaches are a source of major concern for companies across all industries, and for good reason: a data breach...
![Appraisal Provision Enforced](https://burnswhite.com/wp-content/uploads/2019/01/ballpen-close-up-desk-955389-1080x675.jpg)
Appraisal Provision Enforced
In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion...
![Reliance On Expert Opinions Demonstrates Reasonableness](https://burnswhite.com/wp-content/uploads/2020/04/photo-1575505586569-646b2ca898fc-1080x666.jpg)
Sayles Does Not Preclude Request For IME
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer did not act in...
![UTPCPL Claim Against Insurance Professional Fraudulently Joined](https://burnswhite.com/wp-content/uploads/2020/05/shutterstock_307415057-1080x675.jpg)
PA Federal Court Clarifies: Damage to Product due to Defective Design and Workmanship is Not an “Occurrence”
The Eastern District of Pennsylvania recently held that three insurance companies are not obligated to defend or indemnify Tristar Products Inc. in...
![Insurer Obtains Summary Judgment in Body Shop Litigation](https://burnswhite.com/wp-content/uploads/2021/05/shutterstock_1610929327-scaled-1-1080x675.jpg)
“Red Flags” Provide “Ample Basis for Denial” of Theft Claim
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment to dismiss a bad faith claim after finding that the...
![COVID-19 Litigation: What Employers Need to Know](https://burnswhite.com/wp-content/uploads/2021/05/shutterstock_1661456416-scaled-1-1080x675.jpg)
COVID-19 Litigation: What Employers Need to Know
Article by Courtney C. Brennan, Esq. For employers of all sizes, the COVID-19 pandemic has presented a host of challenges. From keeping pace with...
![Pennsylvania Federal District Court Rules That Putative Class Members May Be Interviewed By Defendant](https://burnswhite.com/wp-content/uploads/2019/12/Gavel-1440x900-1-1080x675.jpg)
Pennsylvania Federal District Court Rules That Putative Class Members May Be Interviewed By Defendant
Article by Lyle D. Washowich, Esq. A recent ruling by a Pennsylvania Federal District Court addresses whether putative class members may be...
![PA Federal Court Denies Retailer’s 12(b)(6) Motion In COVID-19 Products Liability Case](https://burnswhite.com/wp-content/uploads/2021/04/sanitizer2-1080x675.jpeg)
PA Federal Court Denies Retailer’s 12(b)(6) Motion In COVID-19 Products Liability Case
Article by Gerard Hornby, Esq. In May 2020, Dennis Avicolli purchased hand sanitizer. Two months later, the manufacturer recalled the product...