Article by Daniel Twilla, Esq. The Pennsylvania Supreme Court has held that the “regular use exclusion” is valid, enforceable, and can be applied in...
Articles Related To: Insurance Coverage and Extracontractual Litigation
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No Special Relationship Where Insured Did Not Cede Decision-Making or Surrender Substantial Control at Time of Purchase
Article by Daniel Twilla, Esq. and Adam Murdock, Esq. A United States District Court for the Eastern District of Pennsylvania recently granted...
Don’t Look Back: New Jersey District Court Finds That IFCA Does Not Apply to “Ongoing” Denial of Benefits
Article by Daniel Twilla, Esq. and Josephine Mlakar, Law Clerk A United States District Court for the District of New Jersey recently granted an...
Honesty is the Best Policy – Material Misrepresentation Leads to Grant of Summary Judgment for Insurer
Article by Adam Murdock, Esq. and Daniel Twilla, Esq. The Middle District of Pennsylvania recently granted an insurer’s motion for summary judgment...
Attorneys Perry & Meadows Obtain Summary Judgment for Regional Restaurateur
Attorneys Matthew Perry and Michael Meadows of the Huntington, West Virginia office successfully defended a regional restaurateur by obtaining...
Significant New WV Decision on Trigger of Coverage
Article by Nicholas Blevins, Esq. The Supreme Court of Appeals of West Virginia recently held that a “continuous-trigger” theory applies to...
Attorney Twilla Obtains Defense Verdict in Alleged Insurance Bad Faith Case
Attorney Daniel Twilla obtained a defense verdict in an insurance bad faith case arising out of the alleged unreasonable denial of first-party...
“Perfection” Not Required: Third Circuit Affirms Summary Judgment to Insurer
Article by Adam Murdock, Esq. The Third Circuit Court of Appeals recently affirmed a District Court’s grant of summary judgment after concluding...
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...