PA Supreme Deals Another Blow to Auto Insurers
Earlier this week the Pennsylvania Supreme Court issued an opinion responding to three separate questions certified by the Third Circuit of Appeals regarding the application of Pennsylvania’s Motor Vehicle Financial Responsibility Law. See Donovan v. State Farm Mut. Auto. Ins. Co., 17 EAP 2020 (Pa. Aug. 17, 2021). The certified questions included: (1) whether an insured’s signature on a waiver...Read More
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High Stress Job? No Damages (NY)
In New York, the plaintiff in Mehmeti v Miller commenced an action to recover damages for personal injuries he sustained to his head and left arm as a result of a motor accident. Following a jury trial on the issue of damages, the jury found that the plaintiff had suffered a permanent consequential limitation of use of a body function, organ, or member and awarded the plaintiff $50,000 for 4...Read More
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Ice, Ice Baby (NJ)
In New Jersey, a plaintiff sought to recover after he slipped on ice, fell, and broke his hip. The night before the accident, it had been sleeting and raining, creating a hazardous condition. At the time of plaintiff’s fall, the conditions were still ongoing. Plaintiff’s expert stated that the defendant, a property manager, could have mitigated the dangerous and icy conditions had they...Read More
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New Guidance on Statute of Limitations in PA
On July 21, 2021, the Pennsylvania Supreme Court in Rice v. Altoona-Johnston issued a pivotal decision concerning the applicable statute of limitations in Pennsylvania for claims stemming from alleged sexual abuse. By way of background, in 2016, Rice, after reviewing a PA Grand Jury Investigative report, which detailed findings that hundreds of children were victimized by over fifty...Read More
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No Privity, No Coverage (NY)
This third-party action stems from a personal injury action in which plaintiff was injured by a forklift at a construction site. The issue in this third-party action is whether co-defendants in the initial action were considered additional insureds under LaFace’s policy with Selective Insurance, such that Selective would be required to indemnify them. Here, the Court held that for the...Read More
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Better Late Than Never (PA)
In Fennell v. Tacu, et al., the United States District Court for the Western District of Pennsylvania examined whether the plaintiff would be allowed to amend his complaint to add additional defendants three days after the statute of limitations had run. Under the facts of the case, the plaintiff, a Pennsylvania state trooper, was injured during a traffic stop when a tractor trailer rolled...Read More
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Family Not So Fun Day (NJ)
In New Jersey, a plaintiff sought to recover worker’s compensation benefits after she fell in a pothole at a recreational event that was organized by the non-profit organization she worked for. Employees of the non-profit were asked to volunteer to work the event, but were not penalized if they opted out. The plaintiff in Goulding v. NJ Friendship House, Inc., worked as a chef/cook for NJ...Read More
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Lack of Boundary or Lack of Claim (NY)
In New York, a plaintiff commenced an action against a School District for alleged personal injuries sustained by her child while he was engaged in a drill during school basketball practice. In Secky v. New Paltz Central School District, the New York Supreme Court denied defendant’s motion for summary judgment dismissing the complaint. The plaintiff’s child in Secky was participating in...Read More
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Insurance Coverage: Two Impacts, One Accident
In Belt v. USAA, Ms. Belt was sideswiped by a hit & run driver, spun out of control and, while doing so, was then struck a second time. The second driver stopped to render aid and, true to the adage “no good deed goes unpunished,” was sued by Belt. Belt’s auto policy provided uninsured motorist benefits and defined an uninsured vehicle as one with inadequate insurance, including hit &...Read More
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Insurance Coverage Granted for Restaurant’s Loss of Business Income Caused by COVID-19
By way of brief background, in response to the spread of COVID-19, the Pennsylvania Governor issued mandates and orders that required all non-life sustaining businesses in Pennsylvania to cease operations and close physical locations, and citizens to stay at home. Due to these mandates and the spread of COVID-19, the plaintiff, Macmiles, LLC D/B/A Grant Street Tavern (“MacMiles”), suspended...Read More
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