Article by Adam Murdock, Esq. The Third Circuit Court of Appeals recently affirmed a District Court’s grant of summary judgment after concluding...
Articles Related To: Insurance Coverage and Extracontractual Litigation
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Is Emotional Distress Covered as a Bodily Injury?
Article by Kathleen Dapper, Adam Murdock, and Daniel Twilla. published in The Legal Intelligencer Issued August 24, 2023 Awaiting argument at the...
Eastern District Holds No Claim for “Pandemic-Related Losses” Without “Direct Physical Loss or Damage”
Article by Adam Murdock, Esq. The United States District Court for the Eastern District of Pennsylvania recently granted an insurer’s motion to...
Case Dismissed – Federal Court Finds “Totality” of Allegations Insufficient to Support Bad Faith Complaint
Article by Adam Murdock, Esq. The United States District Court for the Western District of Pennsylvania recently granted an insurer's motion to...
Pennsylvania Supreme Court Addresses Constitutional Boundaries of Punitive Damage Awards
Article by Daniel Twilla, Esq., Daniel Inadomi, Esq., and Adam Murdock, Esq. The Supreme Court of Pennsylvania recently approved the “per-defendant...
No Bad Faith for “Thorough Investigation”
Article by Adam Murdock, Esq. The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims...
Middle District Finds No Bad Faith for Genuine Disputes of Non-Material Facts
Article by Adam Murdock, Esq. The Middle District of Pennsylvania recently granted an insurer’s partial motion for summary judgment and dismissed an...
Attorneys’ Fees Awarded Following UTPCPL Verdict & Treble Damages
Article by Adam Murdock, Esq. Following a recent award for Plaintiffs against a residential construction company for breach of warranty and...
No Bad Faith for “Reasonable, Not Perfect” Claims Handling
Article by Adam Murdock, Esq. The Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment after finding that...
No Bad Faith or “Nefarious Purpose” in Updating Liability Assessment & Settlement Value
Article by Adam Murdock, Esq. The Middle District of Pennsylvania recently granted an insurer’s motion for summary judgment on a bad faith claim...
Pennsylvania Supreme Court Enforces Household Vehicle Exclusion
Article by Daniel Twilla, Esq. and Josephine Mlakar, Law Clerk The Pennsylvania Supreme Court recently affirmed that the household vehicle exclusion...
Insured’s Failure to Obtain Consent to Settlement Deemed Prejudicial
The Western District of Pennsylvania recently granted an insurer’s motion to dismiss breach of contract and bad faith claims with prejudice after...
Western District Finds No Bad Faith For Policy Interpretation Based On Unsettled Law
Article by Daniel Inadomi, Esq. The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and denied an...
No Bad Faith For “Proper” Investigation & Plaintiff’s Own Delay
The Eastern District of Pennsylvania granted an insurer’s motion for partial summary judgment and dismissed a bad faith claim after finding that the...
Third Circuit: Falsified Invoices Are ‘Undoubtedly Material’ During Claim Process
Article by Daniel Inadomi, Esq. The Third Circuit recently affirmed a District Court’s granting of summary judgment in favor of an insurer on...
Courts Find Direct Repair Claims Not So Direct
Article by Daniel Twilla, Esq. and Kathleen Dapper. Esq., published in The Legal Intelligencer Posted on July 26, 2022 Pennsylvania bad-faith...
Pennsylvania Supreme Court Grants Allowance of Appeal in Regular Use Exclusion Case
Article by Kathleen P. Dapper, Esq. The Pennsylvania Supreme Court has granted the petition for allowance of appeal in Rush v. Erie Insurance...
Attorneys Obtain Two Dismissals In Federal Court Putative Class Actions
On June 10, 2022, Burns White attorneys obtained full, with-prejudice dismissals in two significant, federal court putative class actions on behalf...
New Jersey Appellate Division Finds Exclusion To Be A Hidden Trap
Article by Kaavya Ramesh, Esq. The Superior Court of New Jersey, Appellate Division, recently found that the intra-family liability step-down...
Pennsylvania Supreme Court Grants Allowance Of Appeal In Stacking Case
Article by Kaavya Ramesh, Esq. The Pennsylvania Supreme Court recently granted a Petition for Allowance of Appeal in a case involving the issue of...
“Continued” Denial Of Coverage Does Not Extend Statute Of Limitations
Article by Kaavya Ramesh, Esq. The Western District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding...
“Premium-Reducing” RV Policy Stacking Waiver Upheld
Article by Daniel Inadomi, Esq. The Western District of Pennsylvania recently found that an insured failed to state a claim for breach of contract...
New Jersey Insurance Fair Conduct Act Passed, On Governor’s Desk
Article by: Daniel Inadomi, Esq. On January 10, 2022, the New Jersey Senate passed S.B. 1559, known as the New Jersey Insurance Fair Conduct Act...
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,...
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...
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
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract, bad...
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...
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...
“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...