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 […]
Tag: insurance
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY-LAW-UIM/UIM COVERAGE-ONE VEHICLE-BENEFIT OF STACKING
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 […]
INSURANCE -FINACIAL RESPONSIBILITY LAW-UIM-STACKING-HOUSEHOLD EXCLUSION
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-BAD FAITH
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-“INSURED”
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM BENEFITS
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. […]
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’, […]
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