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 […]
Tag: insurance
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’, […]
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 […]
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