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 […]

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 […]

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 […]

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 […]

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 […]

Essis v. United Servs. Auto. Association, 2024 U.S Dist. LEXIS 226599 (U.S. Dist. Ct., Middle Dist. of Pa., December 16, 2024) (Kane, J.) On June 21, 2018, Mr. Essis was involved in an automobile collision that occurred at “approximately 12:32 P.M. on Lincoln Way in Franklin County, Pennsylvania.” (Doc. No. 1 ¶ 7.) Mr. Essis […]

Foremost Ins. Co. Grand Rapids, Mich. v. Bufflap, 2024 U.S. Dist. LEXIS 214675 (Pa. Middle Dist. Court, November 26, 2024) (P. Wilson, J.) Before the court are cross-motions for summary judgment, both of which ask the court to determine whether Defendant Tracy Bufflap (“Bufflap”) is entitled to underinsured motorist (“UIM”) coverage under the antique automobile […]