Pennsylvania

Gist Of The Action Remains Useful In PA Motion Practice

In Moravia Motorcycle, Inc. v. Allstate Insurance Company, plaintiffs brought the following claims in connection with damage sustained to a motor home: (1) negligent misrepresentation; (2) breach of contract; and (3) bad faith. Allstate moved for summary judgment on Counts I and III. The claim arose from a curious scenario, as the plaintiffs’ motorhome was parked in a lot they owned when a...Read More

Common Owners Get Hit With Joint Liability (PA)

In a recent case from the Eastern District of PA, Snyder v. Hunt, the court granted plaintiff’s appeal for a directed verdict after finding plaintiff established a prima facie case of premises liability against common landowners. Evidence provided multiple owners of a driveway extending between two rows of houses and enjoyed an easement over the driveway in common with other abutting owners,...Read More

Be Careful With That “Reply All” Button . . . First Department Finds That A Series Of Emails Can Constitute An Enforceable Settlement Agreement

In Matter of Philadelphia Ins. Indem. Co. v. Kendall, 197 A.D.3d 75 (1st Dep’t 2021), the First Department found that an email exchange constituted a valid settlement agreement. In Kendall, the parties had presented their cases to an arbitrator. After the arbitration, but before the arbitrator rendered his decision, the parties settled the case for $400,000. The arbitrator then informed the...Read More

FDCPA Doesn’t Apply to Subrogation Claim

In Felicia Chavanne v. Second Look, Inc., Barry Lefever, and Erie Insurance., Plaintiff Felicia Chavanne brought a lawsuit against two insurance companies for alleged violations of several conumser protection statutes, including the Fair Debt Collection Practices Act, the Fair Credit Extension Uniformity Act, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Chavanne’s...Read More

D&O Policy Language Mandates Advance Of Limits For Criminal Defense Case (PA)

In the insurance coverage case, Dougherty v. Nat39, l Union Fire Ins. Co. of Pittsburgh PA., plaintiff petitioned for a special injunction seeking an advance to cover his criminal defense costs and expenses under a policy issued by defendant to the International Brotherhood of Electrical Workers, Local 98 (“Local 98”). Relevant here, Dougherty was indicted for alleged financial improprieties...Read More

“Other Insurance” Provision Allows Insurer To Cap Limits (PA)

In Meyers v. Travelers Insurance Company, 2022 WL 1028705 (E.D. Pa. 2022), the plaintiff sued one of her auto liability insurers for extensive damages sustained in an automobile accident. This common occurrence led to a rather uncommon insurance coverage issue. The plaintiff recovered funds from her own primary auto insurance, plus two additional uninsured motorist (“UIM”) insurance policies....Read More

PA Appellate Court Finds that You’re “At Work” While on Your Commute

In Bark v. Sooner Steel LLC, the Pennsylvania Commonwealth Court held that a worker was acting within the course and scope of his employment while commuting home from work. The court emphasized that whether someone is acting within the course and scope of his or her employment is a fact specific inquiry. In Bark, the claimant suffered severe injuries in a motor vehicle accident that occurred...Read More

All Risk Insurance Policy Does Not Cover Restaurant From Covid Loss (PA)

In a recent case from the Eastern District of PA, Humans & Res., LLC v. Firstline Nat’l Ins Co., the court granted the defendant’s summary judgment against the plaintiff who sought coverage under an all-risk property policy. Finding that COVID-19 related loss did not fall under an all-risk property policy and did not give rise to the expectation that it would.  The plaintiff in the case...Read More

Always Read The Fine Print (PA)

In Apollo 1969 At Lloyds’s a/s/o Storage Development Inc. d/b/a Guardian Self-Storage v. Scalo Companies d/b/a Burns & Scalo Roofing, the United States District Court for the Western District of Pennsylvania ruled that a contractual arbitration clause was binding and enforceable where all parties involved had more than enough opportunities to review the contract and raise objections to its...Read More

“Quick Fix” Leads To Liability If Not Done Properly (PA)

In a recent Eastern District of PA case, Zurich Am. Ins. Co. v. A.T. Chadwick Co., Inc., the court denied a third-party defendant’s motion for summary judgment in a construction defect case. The court found that jury could assign a percentage of the blame to the third-party defendant for a “quick fix” gone bad. In this case, a homeowner had a broken pike in their home which leaked and sagged...Read More