Hartsek v. State Farm Mut. Auto. Ins. Co., 2025 U.S. Dist. LEXIS 268087 (December 31, 2025. Christy Criswell Weigand, USDJ. Mr. Hartsek argues his intent is irrelevant. Id. at 7. Mr. Hartsek instead contends that the form he signed is “technically invalid” under Section 1734 of the MVFRL because it bears the number of the […]
Tag: financial responsibility law
INSURANCE – FINANCIAL RESPONSIBILITY LAW – UM/UIM COVERAGE – “MISCELLANEOUS VEHICLE” – MOTORCYCLE – UNDERINSURED MOTORIST COVERAGE
Erie Ins. Exch. v. Est. of Kennedy, 2025 Pa. Super. LEXIS 569 (December 11, 2025) Stabile, J. Judges: BEFORE: BOWES, J., STABILE, J., and BENDER, P.J.E. OPINION BY STABILE, J. Appellants, Estate of Elissa J. Kennedy (the Estate), by and through its Administrators, and David Kennedy, individually and in his capacity as the Administrator of […]
INSURANCE – FINANCIAL RESPONSIBILITY LAW – BAD FAITH – ATTORNEY’S FEES – UNDERINSURANCE – STACKING – ARBITRATION
Devincenzo-Gambone v. Erie Ins. Exch., 2025 Pa. Super. LEXIS 491 (October 17, 2025) Olson, J. Judges: BEFORE: OLSON, J., DUBOW, J., and BECK, J. Opinion by: OLSON Appellant, Erie Insurance Exchange, (“Erie Insurance”) appeals from the May 22, 2024, judgment entered in the Court of Common Pleas of Montgomery County upon a non-jury verdict in […]
INSURANCE – FINANCIAL RESPONSIBILITY LAW – UNDERINSURANCE – SIGN-DOWN – POLICY RENEWAL
Davis v. Nationwide Mut. Ins. Co., 2025 U.S. Dist. LEXIS 178235 (September 10, 2025) Munley, J. Opinion by United States District Judge, Julia K. Munley. Plaintiffs Brian Davis and Susan Davis bring this declaratory judgment action against Defendant Nationwide Mutual Insurance Company (“Nationwide”), disputing the total amount of UIM coverage available under their policy. Before […]
INSURANCE – FINANCIAL RESPONSIBILITY LAW – FORUM SELECTION CLAUSE – PROCEDURE – JURISDICTION
Winner v. Progressive Advanced Ins. Co., 2025 Pa. Super. LEXIS 442 (September 24, 2025) Panella, P.J.E. Judges: BEFORE: PANELLA, P.J.E., NICHOLS, J., and FORD ELLIOTT, P.J.E.* OPINION BY PANELLA, P.J.E. Robert Mark Winner appeals from the order entered by the Philadelphia County Court of Common Pleas on August 14, 2024, sustaining preliminary objections filed by […]
INSURANCE – FINANCIAL RESPONSIBILITY LAW – UNDERINSURANCE – BAD FAITH
Dasch v. USAA Cas. Ins. Co., 2025 U.S. Dist. LEXIS 162771 (August 21, 2025) Mariani, Judge. Underinsurance claim leading to a bad faith allegation. The bad faith was allegedly based upon failure to properly reasonably respond to the demand after medical documentation had been supplied; unreasonable delay in underinsurance benefits; failure to make a reasonable […]
INSURANCE – FINANCIAL RESPONSIBILITY LAW – MEDICAL BILLS – PEER REVIEW PROCESS
Pierchalski v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 118648 (June 25, 2021) Colville, Judge. Plaintiffs cannot receive attorney’s fees under § 1798 when Mid-Century utilized the PRO process. That said, Plaintiffs argue that Mid-Century failed to conduct a valid peer review because Mid-Century withheld pertinent information from the PRO reviewers. Specifically, Plaintiffs argue that […]
INSURANCE – FINANCIAL RESPONSIBILITY LAW – UIM COVERAGE – EXCLUSION – “REGULAR USE” EXCLUSION
Erie Ins. Exch. v. Russo, 2025 Pa. Super. LEXIS 335 (July 22, 2025) Stevens, P.J.E This appeal arises from the order entered in the Court of Common Pleas of Lancaster County granting a declaratory judgment, sought by Appellee Erie Insurance Exchange (“Erie”), that Erie could deny Appellant underinsured motorist (“UIM”) coverage through application of the […]
INSURANCE – FINANCIAL RESPONSIBILITY TO LAW – UNINSURED MOTORIST – WRONGFUL DEATH AND SURVIVAL CLAIMS
GEICO Advantage Ins. Co. v. Wetzel, 2025 U.S. Dist. LEXIS 86792 (May 7, 2025) Gerald McHugh, Judge. This case arises out of a tragic automobile accident resulting in the death of Alexander Wetzel. Under Pennsylvania law, a fatal accident gives rise to two distinct but interrelated claims: a claim on behalf of the victim’s estate, […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM-STACKING WAIVER FORM-NEW PRODUCT
McGuire v. Nationwide Affinity Ins. Co. of Am., 2025 U.S. Dist. LEXIS 40195 (Pennsylvania Western District Court, March 6, 2025) (Ranjan, J.) On September 11, 2024, the Court issued an opinion, granting partial summary judgment in this underinsured motorist coverage case. As the parties made clear, the key dispute in this case was whether Nationwide’s […]
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