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 […]
Tag: insurance
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-WAIVER OF STACKING
O’Boyle v. Progressive Preferred Ins. Co., 2023 U.S. Dist. LEXIS 164990 (E.D. Pa. September 18, 2023) (Baylson, J.) Defendant Progressive Preferred Insurance Co. (“Progressive”) seeks summary judgment in this case arising from a dispute over insurance coverage. ECF No. 40. As discussed in more detail below, there do not appear to be any disputes about […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-WAIVER-FIRST NAMED INSURED
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 […]
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 […]
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