The Court of Common Pleas of Northampton County recently granted an insured’s motion for partial summary judgment after holding that the regular use...
Articles Related To: Insurance Coverage and Extracontractual Litigation
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Household Exclusion Enforced: Gallagher Distinguished
The Western District of Pennsylvania recently granted an insurer’s motion for judgment on the pleadings after holding that the Pennsylvania Supreme...
Despite Attorney Fee Award Six Times Greater than Contract Claim, Superior Court Affirms
The Superior Court of Pennsylvania recently affirmed an award of attorney’s fees in the amount of $34,850, holding that the trial court did not...
Court Finds That An Insurer Does Not Act in Bad Faith by Revisiting an Acceptance of Coverage
The Eastern District of Pennsylvania recently granted a defendant insurer’s Motion for Partial Summary Judgment to dismiss a bad faith claim after...
District Court Grants Insurer’s Motion to Dismiss Extracontractual Claims for Failure to State a Claim
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss claims for statutory bad faith and violations of the Unfair...
Eastern District Court Grants Summary Judgment On Bad Faith Claim After Finding An Alleged Fifteen-Month Delay Is Not Bad Faith
A court in the Eastern District of Pennsylvania recently granted an insurer’s Motion for Partial Summary Judgment after finding that the insurer did...
3rd Circuit Holds That Commercial Auto Policy Limiting UIM Coverage to Vehicles Owned by Named Insured Violates PA MVFRL
The Third Circuit recently held that an insurance policy provision limiting underinsured motorist (“UIM”) coverage was invalid and unenforceable to...
Superior Court Confirms No Institutional Bad Faith, No UTPCPL Liability Arising From Claims Handling Misconduct
The Superior Court of Pennsylvania recently held that Pennsylvania does not recognize a separate cause of action for institutional bad faith under...
Trial Court Holds That Household Exclusion Remains Valid When Insured Has Rejected Stacking
A Pennsylvania trial court has held that the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO does not preclude application of the...
PA Superior Court Holds that PTSD Could Be Covered as “Bodily Injury” if it Resulted from Physical Injury
On December 4, 2019, the Pennsylvania Superior Court, in a published opinion, held that post traumatic stress disorder (“PTSD”) could be covered as...
Duty to Defend – Third Circuit Reaffirms Four Corners Rule, Even if There is the Possibility of Facts Within Coverage
The Third Circuit recently held that an insurance carrier did not have a duty to defend a lawyer and his law firm against a former client’s lawsuit....
Western District Declines to Extend Gallagher Analysis to Regular Use Exclusion
The United States District Court for the Western District of Pennsylvania recently held that the Pennsylvania Supreme Court’s decision in Gallagher...
Pennsylvania Supreme Court Upholds Unlisted Resident Driver Exclusion
The Supreme Court of Pennsylvania recently affirmed the Superior Court’s order holding that the unlisted resident driver exclusion (“URDE”) in an...
Impact of ‘Berg v. Nationwide’: Will It Change Bad Faith Law in PA?
Article by Kathleen Dapper, Esq. and Daniel Twilla, Esq., published on the Legal Intelligencer Published on August 16, 2019 On its face, the...
Middle District Holds That De Minimis Procedural Defect In Removal Does Not Require Remand
The United States District Court for the Middle District of Pennsylvania recently denied an insured’s motion to remand, holding that a de minimis...
Eastern District Holds that Four Year Statute of Limitations Applies to Gallagher Claims
The United States District Court for the Eastern District of Pennsylvania recently held that the four year statute of limitations for breach of...
Eastern District Grants Summary Judgment to Insurer on Coverage and Bad Faith Claims
The United States District Court for the Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment as to both the...
Superior Court Holds that Extrinsic Evidence Should Not Be Considered When Determining Duty to Defend
The Superior Court of Pennsylvania recently held that extrinsic evidence could not be used in determining whether an insurer had a duty to defend....
Pennsylvania Supreme Court Clarifies Standard for Waiver of Work Product and Attorney-Client Privileges
The Supreme Court of Pennsylvania recently clarified the standards for waiver of the work product privilege and attorney-client privilege,...
Eastern District Court Grants Summary Judgment to Insured on Bad Faith Claim
Judge McHugh of The United States District Court for the Eastern District of Pennsylvania recently granted summary judgment in favor of an insured...
Pennsylvania Supreme Court Grants Appeal in $21 Million Bad Faith Case
The Pennsylvania Supreme Court has granted the petition for allowance of the appeal in Berg v. Nationwide Mut. Ins. Co., Inc., 2019 WL 1417141 (Pa....
Injured Third Party Has No Standing to Argue No Coverage for Insured’s Defense Costs
The United States District Court for the Western District of Pennsylvania recently found that, while an injured third party has standing to defend...
Conclusory Allegations of Bad Faith Are Insufficient to Meet Federal Pleading Standard
Several federal district courts in Pennsylvania recently held that a bad faith count in a complaint cannot survive a motion to dismiss where the...
Daniel Twilla Obtains Defense Verdict in Bad Faith Case
Attorney Daniel J. Twilla recently obtained a defense verdict on behalf of an insurer in a bad faith case following a non-jury trial in the Court of...
Court Finds No Duty to Defend Unlisted Driver, Even Though Complaint Alleges Facts Suggesting Driver is Insured
The United States District Court for the Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment as to an...
District Court Finds Bad Faith Claim Against Claims Adjuster Fraudulently Joined
The United States District Court for the Eastern District of Pennsylvania recently denied the insureds’ motion to remand their lawsuit for breach of...
Burns White Attorneys Obtain Defense Verdict in Insurance Bad Faith Case
Robert E. Dapper, Jr. and his team recently obtained a defense verdict on behalf of an insurer in a bad faith case following a week-long jury trial...