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 […]
Tag: financial responsibility law
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-EXHAUSTION OF OTHER POLICIES
Ford v. Progressive Specialty Ins. Co., 2025 U.S. Dist. LEXIS 39728 (Pa. Eastern Dist. Ct., March 5, 2025)(Slomsky, J.) This case arises from a dispute over benefits Plaintiff Michael J. Ford (“Plaintiff”) believed he had under his auto insurance policy (the “Progressive Specialty Policy”) issued by Defendant Progressive Specialty Insurance Company (“Defendant” or “Progressive”). Plaintiff, […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-SIGNED ELECTION FORM-UIM COVERAGE
Goodville Mut. Cas. Co. v. McNear, 2025 Pa. Super. LEXIS 95 (Pa. Superior Ct., February 26, 2025) (Sullivan, J.) Valerie McNear appeal for summary judgement granted in favor of Goodville Mutual Insurance Company. In 2012, Karen initially signed an election form for less-than-full underinsured motorist (“UIM”) coverage, and she selected benefits of $50,000 each person/$100,000 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-PRECLUSION FROM RECOVERING BENEFITS PAID OR PAYABLE
Morris v. Sutton, 2025 U.S. Dist. LEXIS 30024 (Pa. Eastern District Ct., February 19, 2025) (McHugh, J.) In any action for damages against a tortfeasor, or in any uninsured or underinsured motorist proceeding, arising out of the maintenance or use of a motor vehicle, a person who is eligible to receive benefits under the coverages […]
INSURANCE-FINANCIAL RESPONSIBILITY-LAW-UIM/UIM COVERAGE-ONE VEHICLE-BENEFIT OF STACKING
Higgins v. Nationwide Affinity Ins. Co. of Am., 2024 Pa. Super. LEXIS 561(Pa. Superior Ct., December 26, 2024)(Sullivan, J.) OPINION BY SULLIVAN, J.: Marquita Higgins (“Higgins”) individually and on behalf of similarly situated persons appeals from the grant of summary judgment in favor of Nationwide Affinity Insurance Company of America (“Nationwide”). We affirm. Higgins is […]
INSURANCE -FINACIAL RESPONSIBILITY LAW-UIM-STACKING-HOUSEHOLD EXCLUSION
Erie Ins. Exch. v. Baluch, Pa. Super. LEXIS 3 (Pa. Superior Ct., January 3, 2025)(Panella, PJE) OPINION BY PANELLA, P.J.E.: The issue in this case is whether an insured is entitled to stacked UIM benefits although another household policy excludes vehicles that are insured under the policy from the definition of “underinsured motor vehicles.” We […]