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 […]
Tag: insurance
INSURANCE-INDEMNITY-OCCURRENCE
American Home Assur. Co. v. Superior Well Servs., Inc., 2023 U.S. App. LEXIS 18974 (3d Cir. July 25, 2023) (Jordan, C.J.) American Home Assurance Co. (“American Home”) appeals the District Court’s order granting summary judgment for policy holder Superior Well Services, Inc. (“Superior”). Specifically, American Home contends that the insurance policy it issued to Superior […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-SUBROGATION-WORKERS’ COMPENSATION-HLA BENEFITS
Alpini v. Workers’ Comp. Appeal Bd. (Tinicum Twp.), 2023 Pa. LEXIS 684 (S. Ct. May 16, 2023) (Brobson, J.). Section 1720 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa. C.S. § 1720, provides, in relevant part that, “[i]n actions arising out of the maintenance or use of a motor vehicle, there shall be […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-WAIVER
Mid-Century Ins. Co. v. Werley, 2023 U.S. Dist. LEXIS 54688, 2023 WL 2727575 (E.D. Pa. March 30, 2023) (Smith, J.), appeal filed (May. 09, 2023) (No.23-1822). In this case, the court has been requested to resolve a UIM coverage dispute between an insurer and its insureds, two parents and their then-minor son, where the son […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-WAIVER-SIGN DOWN
Gittelmacher v. Travelers Prop. Cas. Ins. Co., 2023 U.S. Dist. LEXIS 53130 (E.D. Pa. March 27, 2023) (Pratter, J.), appeal filed (Apr. 25, 2023) (No.23-1774). Ms. Gittelmacher was struck by an automobile while she was walking through a parking lot in Bensalem, Pennsylvania. Because of the accident, Ms. Gittelmacher sustained injuries including a tibial plateau […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-LIABILITY COVERAGE-REGULAR USE EXCEPTION
Burton v. Progressive Advanced Ins. Co., 2023 U.S. Dist. LEXIS 46793, 2023 WL 2577237 (M.D. Pa. March 20, 2023) (Mannion, D.J.) Joyce Frisbie was involved in a motor vehicle accident for which she was responsible. Burton sued. Frisbie was insured by Progressive. The policy provided $250,000 per person/per accident subject to an exclusion that the […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM-EXCLUSIONS-REGULAR USE EXCLUSION
Jones v. Erie Ins. Exch., 2022 Pa. Super. LEXIS 379 (Pa. Super. September 7, 2022) (Murray, J.) Trial court granted Erie’s motion for judgment on the pleadings on UIM claim based on regular use exclusion. Appeal followed. The question here is whether the “regular use” exclusion may not be enforced because to do so would […]
INSURANCE-MARINE INSURANCE-COVERAGE
Great Lakes Ins. SE v. Raiders Retreat Realty Co., LLC, 2022 U.S. App. LEXIS 24409 (3rd Cir. August 30, 2022) (Ambro, C.J.) A yacht owned by Raiders Retreat Realty Co., LLC ran aground. Raiders had insured the vessel with marine insurer Great Lakes Insurance SE (“GLI”). But after Raiders submitted a claim under its policy, […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-INDEMNITY-FIRST PARTY BENEFITS
State Farm Mut. Auto. Ins. v. Kelsea Griffiths & Elec. Ins. Co., 2022 U.S. Dist. LEXIS 150782 (W.D. Pa. August 23, 2022) (Baxter, D.J.) This action arises from an underlying tort action that was filed in the Court of Common Pleas of Erie County, Pennsylvania (“Erie County Court”) by Kelsea Griffiths (“Griffiths”) against Andrea Schlaufman […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-FIRST PARTY BENEFITS-UNLICENSED DRIVER EXCLUSION
Nationwide Prop. & Cas. Ins. Co. v. Castaneda, 2022 Pa. Dist. & Cnty. Dec. LEXIS 936 (C.P. Dauphin July 14, 2022) (McNally, J.) In this matter, the Automobile Insurer seeks that this Court grant judgment in its favor and issue a decree finding that it is not obligated, under an Automobile Policy issued to its […]