Eberly v. LM Gen. Ins. Co., United States Court of Appeals for the Third Circuit filed August 1, 2024. OPINION SCIRICA, Circuit Judge In this action for underinsured motorist (“UIM”) benefits, the sole issue on appeal is whether a “regular use” exclusion in plaintiff/appellant Cynthia G. Eberly’s policy issued by defendant/appellee LM General Insurance Co. […]
Tag: insurance
INSURANCE-FINANCIAL RESPONSIBILTY LAW-UNDER INSURANCE-STACKING-CORPORATION AS NAMED IN SHORT
Baclit v. Sloan, 794 WDA 2023 (Pa. Super. July 24, 2024) (Beck, J.) Baclit v. Sloan, Superior Court of Pennsylvania decided July 24, 2024. BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and BECK, J. MEMORANDUM BY BECK, J.: FILED: July 23, 2024, United Financial Casualty Company (“United”) appeals from orders granting summary judgment in favor of W. […]
INSURANCE- SUBROGATION
Mut. Ben. Ins. Co. A/S/O Michael Sacks v. Koser, LEXIS 274 (Pa. Super. July 3, 2024) (Bender, P.J.E.) Mut. Ben. Ins. Co. A/S/O Michael Sacks v. Koser, Pennsylvania Superior Court decided July 3, 2024. Appellant, Mutual Benefit Insurance Company a/s/o Michael Sacks (“Mutual Benefit”), appeals from the trial court’s August 26, 2022 order granting Appellees’, […]
INSURANCE-DEFENSE, DUTY TO PROVIDE-WRONGFUL DEATH AND SURVIVAL-FATAL DRUG OVERDOSE
Kramer v. Nationwide Prop. & Cas. Ins. Co., 2024 Pa. LEXIS 609, 2024 WL 1776575 (S. Ct. April 25, 2024) (Donohue, J.). The Court of Common Pleas of Montgomery County (“trial court”) granted summary judgment in favor of Stewart Kramer and Valerie Conicello (“Parents”), ordering Nationwide Property and Casualty Insurance Company (“Nationwide”) to defend Parents […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-EXCLUSIONS-REGULAR USE EXCLUSION
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 […]
INSURANCE-BAD FAITH
Watchword Worldwide v. Erie Ins. Exch., 2024 Pa. Super. LEXIS 3 (January 9, 2024) (Colins, J.). This case arises out of an incident for loss of electronic data as a result of computer hacking. Watchword sells videos on the Christian Bible. Watchword’s videos and API are stored on GoDaddy server. Watchword paid GoDaddy a license […]
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-SUBROGATION-TENANTS-LANDLORD-TENANT AGREEMENT
Mut. Ben. Ins. Co. A/S/O Michael Sacks Appellant v. Koser, 2023 Pa. Super. LEXIS 574, 2023 WL 8360563 (December 4, 2023) (Bender, P.J.E.) Appellant, Mutual Benefit Insurance Company a/s/o Michael Sacks (“Mutual Benefit”), appeals from the trial court’s August 26, 2022 order granting Appellees’, Cortney Koser and Mickael Abels (collectively “Tenants”), motion for judgment on […]
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 […]
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