Pennsylvania

Pennsylvania Appellate Court Requires New Stacking Waiver After Removal of a Vehicle From Policy (PA)

The Pennsylvania appellate court, in Franks v. State Farm, recently held that insurers must obtain a new stacking waiver after the insured removes a vehicle under the policy. The factual pattern in the instant matter was a matter of first impression for Pennsylvania Courts. Specifically, although it is clear that an addition of a vehicle to an existing multi-vehicle policy requires a new...Read More

EDPA Holds Plaintiff’s Conclusory Allegations of Insurer Bad Faith Insufficient (PA)

In Harris v. Allstate, the plaintiff brought an action against her insurer, alleging the insurer breached the terms of the policy and engaged in bad faith conduct. By way of brief background, it was alleged that Allstate issued a policy to plaintiff. It was further alleged that a covered “peril” occurred, which caused “direct physical damage” to the plaintiff’s property. Plaintiff alleged that...Read More

Insurer Not Obligated to Defend or Indemnify Insured for Breach of Contract Claims (PA)

In Atain Insurance Co. v. Xcapes et al., the United States District Court for the Eastern District of Pennsylvania analyzed whether Atain Insurance Company (“Atain”) was obligated to, inter alia, defend and indemnify its insured, Xcapes, a home improvement contractor, with respect to state lawsuits filed against Xcapes asserting breach of contract, unjust enrichment/quasi contract, violations...Read More

Nanty-Glo Rule Saves Pocono Pet Store (PA)

In Lori Monti v. Pet Supplies Plus LLC, et al. plaintiff Lori Monti (“Monti”) tripped and fell outside of a pet store on an alleged sidewalk defect. Monti claimed that there was a dip in the sidewalk, which was surrounded by loose pieces of gravel.  She alleged her walker became entrapped in the dip, which caused her to fall and sustain serious bodily injuries. Monti filed suit against Pet...Read More

Superior Court Declines to Expand Personal Jurisdiction over Foreign Corporations (PA)

In Fulano v. Fanjul Corp., the Pennsylvania Superior Court recently considered whether forty-one foreign plaintiffs could establish personal jurisdiction over four corporate defendants all located in different states or countries. Plaintiffs were forty-one Dominican agricultural workers who alleged they became sick after exposure to toxic chemicals while working in the Dominican Republic....Read More

PA Court Finds UIM Benefits Not Required Under PA Umbrella Policies

In Jones v Amica Mutual Insurance, the Court recently considered whether an insurer was required to pay UIM benefits under a Personal Umbrella Policy. In the underlying action, Jones filed suit for injuries she sustained in a motor vehicle accident. The adverse driver, Sean Murtha, was responsible for accident. Plaintiff received the $100,000 policy limit from Murtha’s insurer Allstate....Read More

Pennsylvania Superior Court Holds that Plaintiffs Have Wide Latitude in Choosing Legal Theories

On July 20, 2020, the Pennsylvania Superior Court granted a new trial after finding that a plaintiff was improperly precluded from pursuing all possible legal theories available to her. Adrienne Lageman filed a complaint for medical negligence after she suffered a stroke while undergoing a medical procedure at York Hospital. She alleged that the defendant anesthesiologist John Zepp improperly...Read More

WCM Victorious on Statute of Repose in PA Construction Defect Lawsuit.

WCM Partner Bob Cosgrove and Philadelphia associate Zhanna Dubinsky won a motion for judgment on the pleadings in the Pennsylvania Court of Common Pleas, Chester County. In John Adams, et al. v. Wilkinson Enterprises, Inc., et al., the plaintiffs were the owners of luxury homes in the Chester County, Pennsylvania area who had purchased their new homes in 2003 and 2004.  The plaintiffs alleged...Read More

Pennsylvania Court Suggests the Trafficker in Lawsuits Is Subject to Contribution and Common Law Indemnity from Hotels (PA)

The Eastern District of Pennsylvania, interpreting Section 1595 (Federal Human Trafficking Statute), which is similar in statutory construction and scienter requirements to the Pennsylvania Human Trafficking Act, suggested this week that the direct person allegedly responsible for the trafficking, i.e., the pimp, would likely be subject to contribution or common law indemnity claims from...Read More

Pennsylvania Grocery Store Chain Faces Multiple Federal Lawsuits Over Face Mask Policy (PA)

Numerous lawsuits have been filed in the Western District of Pennsylvania against Giant Eagle, a Pennsylvania grocery store chain, over its face mask policy. Due to the Covid-19 pandemic, Governor Wolf has instituted various mandates in an effort to prevent the spread of the virus, including, inter alia, a requirement that individuals must wear face coverings while in public spaces. In the...Read More