E. Steel Constructors, Inc. v. Int’l Fid. Ins. Co., 2026 Pa. LEXIS 274 (February 18, 2026) Opinion by Wecht, J. Judges: TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, McCAFFERY, JJ. Chief Justice Todd and Justices Dougherty, Mundy and McCaffery join the opinion. Justice Brobson files a concurring and dissenting opinion in which Justice Donohue joins. […]
Tag: insurance
INSURANCE – FINANCIAL RESPONSIBILITY LAW – UNDERINSURANCE – SIGN DOWN – FORMS – CORRECT POLICY NUMBER – INVALID SIGN DOWN
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 […]
INSURANCE – GOOD FAITH AND FAIR DEALING – FIDUCIARY DUTY – CONTRACTS – CIVIL CONSPIRACY – CONTRACT DISPUTE
TCS Black Label Realty, LLC v. Serhant Pa., LLC, 2026 Pa. Super. LEXIS 65 (January 30, 2026) Based on a contract dispute. Obligations of Good Faith and Fair Dealings is discussed along with conspiracy, interference with contractual relations, breach of contract. This case involved a relationship between realty company and The Condo Shop. Lower Court […]
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 – EXCLUSIONS – ARISING OUT OF AUTOMOBILE COLLISION – NEGLIGIENCE
Chris Eldredge Containers, LLC v. Crum, 2025 Pa. Super. LEXIS 186 (April 24, 2025) Lazarus, P.J. Judges: BEFORE: LAZARUS, P.J., KING, J., and LANE, J. Chris Eldredge Containers, LLC (“Eldredge Containers”), appeals from the December 4, 2023, order, entered in the Court of Common Pleas of Chester County, granting judgment on the pleadings in favor […]
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 […]
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