Articles & Updates
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...
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...
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...
“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
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
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
Article by Gerard Hornby, Esq. In May 2020, Dennis Avicolli purchased hand sanitizer. Two months later, the manufacturer recalled the product...
Medical Marijuana: What Do Employers Need To Know?
Article by Doug Hart, Esq. As more states make the push to legalize marijuana, employers are increasingly facing challenges related to employee...
No Bad Faith In Denial Based Upon Disputed Residency
A judge in the Middle District of Pennsylvania recently granted an insurer’s motion for partial summary judgment and dismissed a bad faith claim...
Update: Pa. Superior Court Holds That Plaintiff Must Be Found Comparatively Negligent For Fair Share Act To Apply
A Superior Court panel in Spencer v. Johnson, et. al., 2021 PA Super 48 (2021) has held that a plain reading of the Fair Share Act limits...
Age Discrimination In The Workplace: What Is It & How Can Employers Prevent It?
By Mark Sottile, Esq. The Age Discrimination in Employment Act (ADEA) makes it unlawful for employers to make employment-related decisions like...
Household Vehicle Exclusion Upheld By Third Circuit
The Third Circuit recently affirmed that the household vehicle exclusion in an automobile insurance policy may be applied to bar stacked...
No Bad Faith In Concluding Injury Would Not Breach Limited Tort
The Middle District of Pennsylvania recently granted an insurer’s motion for partial summary judgment to dismiss a bad faith claim after finding...
International Women’s Day 2021
We’re celebrating International Women’s Day (IWD)—recognizing all the remarkable women helping the firm to support its clients! IWD recognizes the...
PA Supreme Court Finds “Strict Liability” Applies to Catch-All UTPCPL Provision
In a 4-3 decision, the Supreme Court of Pennsylvania recently held that a “strict liability” standard applies to a claim under the “catch-all”...
Court Finds Reservation of Rights Effective as to Successive Policies
Reaffirms That Scope of Coverage is Not Subject to Waiver, Foreseeable Damage to Third Party Property Is Not an Occurrence, and There Can Be No Bad...
Bad Faith Verdict Upheld – But No Punitives
The Superior Court of Pennsylvania recently affirmed a trial court’s finding that an insurer acted in bad faith by i) “failing” to adequately...
PA Supreme Court Denies Driver’s “Sudden Emergency” Defense for Striking Pedestrian
Article by Brian Kane, Esq. and Taylor Davis, Esq. The Pennsylvania Supreme Court recently overturned a trial court’s decision to instruct the jury...
Pennsylvania Federal Court Allows Claims To Proceed in Putative Class Action Data Breach Lawsuit
Article by Lyle Washowich, Esq. On January 5, 2021, the U.S. District Court for the Middle District of Pennsylvania issued an important decision...
Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”
The Western District of Pennsylvania recently granted a motion to compel the production of an insurer’s “best practices” guide, which the insurer...
Summary Judgment for Insurer in Dispute Over Payment of “Undisputed” Amount
The Federal District Court for the Western District of Pennsylvania recently granted an insurer’s motion for partial summary judgment as to a bad...
Third Circuit Affirms: Four Corners Rule Does Not Apply to Non-Insureds
The Third Circuit Court of Appeals recently affirmed a District Court’s decision to grant an insurer’s motion for summary judgment because the...
No Bad Faith For Alleged Failure To Uncover Applicable Limits
The United States District Court for the Western District of Pennsylvania recently granted an insurer’s motion for summary judgment on a bad faith...
Court Finds Insurer Too Late To Litigate After Setting Up A “Hostage Situation”
A federal district court recently concluded that an insurer which had denied defense and indemnification obligations to its insured was too late to...
Court Finds Insured Cannot “Side-Step” Statute of Limitations
A federal court recently granted summary judgment in favor of two insurers based upon the statute of limitations after concluding that the statute...
Active Shooter Incidents: Prevalence, Theories of Liability, and Best Practices for Risk Mitigation
By Nicole E. Bazzy, Esq. The number of active shooter incidents in the United States more than doubled from 2010 through 2018 compared to the prior...
When Do Employees Have a Reasonable Expectation of Privacy?
By Douglas C. Hart, Esq. While the COVID-19 crisis spurred a shift to remote employment at an unprecedented rate, even before the pandemic began,...
$20,000 Theft Claim Results in $1,000,000 + Bad Faith Award
Following a bench trial in which bad faith was found against an insurer that denied its insured’s theft and vandalism claims, the Court of Common...
Third Circuit Issues Guidance on “Unfairness” in Chapter 11 Cramdown
In the bankruptcy case of In Re: Tribune Company, et al., 2020 WL 5035797, the Third Circuit recently issued a decision determining that a Chapter...
$1,000,000 Typo Not Binding as to Coverage Limit
The Superior Court of Pennsylvania recently affirmed a trial court’s order granting summary judgment in favor of an insurer on breach of contract...