Pennsylvania

Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)

In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor,...Read More

Third Circuit Court of Appeals Affirms District Court’s Finding (PA)

In Republic Franklin Square Insurance Company v. Bethren Mutual Insurance Company, Republic Franklin brought a declaratory judgment and equitable subrogation action in the Eastern District of Pennsylvania against Brethren Mutual seeking reimbursement of $175,000 it paid on behalf of its insured Paul Lamb to settle a personal injury action. In the underlying case, the plaintiff brought suit...Read More

No Coverage for Negligent Supervision Claim (PA)

In Michele Kahana v. Allstate Vehicle and Property Ins. Co., the U.S. District Court for the Eastern District of Pennsylvania analyzed whether an auto insurer had a duty to defend and indemnify a claim of negligence per se arising out of an auto accident. The claim was asserted against Kahana, the mother of the minor decedent who was struck while walking alone after midnight while dressed in...Read More

Pennsylvania’s Doctrine of Hills and Ridges Delivers Questions of Fact to the Jury (PA)

In Figuero v. Meitzner, the Plaintiff, a delivery driver for Fed-Ex, slipped on an icy sidewalk while delivering a package to the Defendant. The Plaintiff sought damages and the jury held the Plaintiff 40% liable and the Defendant 60% liable, awarding $1.5 million in damages to the Plaintiff. The Defendant appealed the trial court’s denial of a Judgment Notwithstanding the Verdict, arguing the...Read More

Virus Exclusion At Play for Pennsylvania Law Firm (PA)

The Eastern District of Pennsylvania recently dealt with an attorney filing a lawsuit after her law firm was forcibly shut down as a result of the Coronavirus pandemic.  In Rhonda Hill Wilson, et al. v. Hartford Casualty Co., et al. the District Court granted the defendants’ motions to dismiss for failure to state a claim after determining that the plaintiffs’ claims were barred by the virus...Read More

Eastern District of Pennsylvania Acknowledges Kvaerner is Still Good Law (PA)

The Eastern District of Pennsylvania in a declaratory judgment action, In re Shelter Structures, Inc., recently reaffirmed that Pennsylvania law typically does not provide coverage under a CGL policy for faulty workmanship. The underlying facts alleged that Shelter violated various building codes in the design and construction of an aircraft hangar. The aircraft hangar collapsed, destroying an...Read More

WCM Successfully Opposes Defendant’s Motions to Dismiss and Remand (PA)

In Harleysville Worcester Insurance Company v. Pediatric Associates of Westmoreland Ltd, WCM Partners Robert Cosgrove and Colleen Hayes successfully defeated defendant Pediatric Assoc. of Westmoreland, Ltd.’s (“PAW”) Motion to Dismiss or, in the Alternative, Remand to State Court.  By way of brief background, plaintiff Harleysville Worcester Ins. Co. filed a declaratory judgment action...Read More

Statute of Limitations and Pollution Exclusion at Play for Toxic Tort Coverage Analysis (PA)

The Western District of Pennsylvania recently determined that a number of insurers did not owe coverage for hundreds of bodily injury claims brought forth in a toxic-tort action. In Allegheny Ludlum,  LLC. v. Liberty Mutual Insurance Company, et al., the District Court granted the defendants’ motions for summary judgment after determining that the plaintiff’s claims were brought too late and...Read More

Incidental Business Connections Are Insufficient to Establish Venue (PA)

The Pennsylvania Superior Court recently tackled a civil procedure issue that frequently crosses the minds of defense counsel: improper venue. According to Pa. R.C.P 1006(e), improper venue must be raised in the defendants’ preliminary objections to plaintiff’s complaint or the objection will be waived. In Kanevsky v. Revolution Ice Rink LLC, the plaintiff slipped and fell while playing ice...Read More

Despite Error, Insurer Escapes Liability for UM/UIM Coverage

In Beach v. The Navigators Ins. Co., No. 1550 MDA 2019 (Pa. Super. Ct. Sept. 11, 2020), the plaintiffs sought UIM coverage under an automobile insurance policy issued to their employer. The dispute centered on the applicable limits of the UIM policy. The question as to the applicable UIM limit arose out of an error the insurer made when renewing the policy at issue. Beaches’ employer sought to...Read More