Kuhn v. Liberty Mut. Ins. Co., 2024 U.S. Dist. LEXIS 48960 (E.D. Pa. March 20, 2024) (Perez, J.). Summary judgment granted for defendant as a result of the Pennsylvania Supreme Court’s decision in Rush. Kuhn was working as a Philadelphia police officer operating a vehicle owned by the city when he was involved in a […]
Tag: financial responsibility law
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM COVERAGE-STACKING-WAIVER-HOUSEHOLD EXCLUSION
Kenya Major v. Cruz, 2024 Pa. Super. LEXIS 47 (February 13, 2024) (Stabile, J.). Appeal from summary judgment in favor of State Farm. Major was permissible driver of Kia Sportage that belonged to her mother, Donna Hughes-Major. Was hit from behind by Cruz. Suit filed against Cruz and State Farm, which insured the Sportage and […]
FINANCIAL RESPONSIBILITY LAW
Rush v. Erie Ins. Exch., 2024 Pa. LEXIS 123 (January 29, 2024) (Donohue, J.). This appeal requires the Court to determine whether a “regular use” exclusion contained in a motor vehicle insurance policy violates the express language of the Motor Vehicle Financial Responsibility Law (“MVFRL”). We hold that as presented in this case, the “regular […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM COVERAGE-STACKING
Erie Insurance Exchange v. Harding, Pa. No. CV-23-00,668 (C.P. Lyco. January 8, 2024) (Linhardt, J.). Plaintiff Erie Insurance Exchange commenced this action by Complaint filed June 21, 2023, seeking a declaratory judgment concerning insurance coverage. Plaintiff is an unincorporated reciprocal insurance exchange. The Defendants are Melissa Harding, Brad Harding and the Estate of Daniel Blake […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE
Erie Ins. Exch. v. Eachus, 2023 Pa. Super. LEXIS 601, 2023 WL 8588845 (December 12, 2023) (Sullivan, J.). The court said there was no ambiguity in the request for lower limits associated with the Erie Insurance binder application. Since there was not a request for lower limits at any time and a lower premium was […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-MEDICAL EXPENSE BENEFITS-EXCLUSION
Nationwide Prop. & Cas. Ins. Co. v. Castaneda, 2023 Pa. Super. LEXIS 575, 2023 WL 8394516 (December 5, 2023) (Panella, P.J.) Christina Tapia Castaneda was driving her mother’s car, with her mother’s permission but without a valid driver’s license, when she was rear ended by another car. Christina suffered severe injuries in the accident. Because […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-SINGLE VEHICLE-FRAUD
Hudson v. AAA Ins. Co., 2023 U.S. Dist. LEXIS 205151, 2023 WL 7928679 (E.D. Pa. November 16, 2023) (McHugh, U.S. D.J.) Plaintiff was struck by a motor vehicle while a pedestrian in a crosswalk. Plaintiff settled with the tortfeasor and sought underinsurance from her insurance carrier, AAA Insurance Company. She was insured with a single […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM COVERAGE-SIGN-DOWN
Hoshauer v. State Farm Ins., 2023 U.S. Dist. LEXIS 177474, 2023 WL 6323081 (September 28, 2023) (Gallagher, J.) When an additional vehicle is added to an existing policy with lower uninsured/underinsurance limits, then bodily injury limits by someone with ample opportunity to alter the coverage under the policy, having received ongoing notice of the amount […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-WAIVER OF STACKING
O’Boyle v. Progressive Preferred Ins. Co., 2023 U.S. Dist. LEXIS 164990 (E.D. Pa. September 18, 2023) (Baylson, J.) Defendant Progressive Preferred Insurance Co. (“Progressive”) seeks summary judgment in this case arising from a dispute over insurance coverage. ECF No. 40. As discussed in more detail below, there do not appear to be any disputes about […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-WAIVER-FIRST NAMED INSURED
Golik v. Erie Ins. Exch., 2023 Pa. Super. LEXIS 356 (August 7, 2023) (Murray, J.) Erie Insurance Exchange (Appellant) appeals from the judgment entered in favor of Valerie Golik (Mrs. Golik) in this declaratory judgment and breach of contract action. For the reasons discussed below, we vacate the judgment in favor of Mrs. Golik, and […]