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 […]
Tag: insurance
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 […]
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-CONTRACTS-HOMEOWNERS-WATER LEAK-WEAR AND TEAR
Kalili v. State Farm Fire & Cas. Co., 2024 Pa. Super. LEXIS 562(PA Superior Ct., December 26, 2024)(Sullivan J.) OPINION BY SULLIVAN, J.: Paiea Kalili (“Kalili”) appeals from the grant of summary judgment in favor of State Farm Fire and Casualty Company (“State Farm”). We affirm. The trial court described the underlying facts: [Kalili] owns […]
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