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 […]
Tag: insurance
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-WAIVER-UIM REJECTION
Koch v. Progressive Direct Ins. Co., 2022 Pa. Super. LEXIS 327 (August 4, 2022) (Stevens, P.J.E.) Progressive Direct Insurance Company (“Progressive Direct”) appeals the order entered by the Court of * Former Justice specially assigned to the Superior Court. Common Pleas of Berks County denying its motion for summary judgment and granting the cross motion […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UM/UIM COVERAGE-STACKING-MOTORCYCLES
Ford v. Progressive Specialty Ins. Co., 2022 U.S. Dist. LEXIS 36389 (E.D. Pa. March 2, 2022) (Slomsky, J.) In this case, Plaintiff Michael Ford (“Plaintiff’) was driving his motorcycle and collided with an underinsured vehicle. He received the $15,000 in liability coverage from the insurance company insuring the underinsured vehicle. Plaintiff also had two of his […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-WAIVER-POLICY YEAR
Hartford Fire Ins. Co. v. Davis, 2022 Pa. Super. LEXIS 200 (May 9, 2022) (Stevens, P.J.E.) The trial court held that Keystone effectively waived UIM coverage in Pennsylvania by executing a “Rejection of UIM Protection” form in 2003. The trial court found that this form: (a) was applicable to the 2005- 2006 policy, despite the […]