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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

Bernie Clemens, Nicole Clemens v. New York Central Mutual Fire Insurance Company, and/or NYCM Insurance Group and/or NYCM Holdings, Inc., 3d Cir. 2018 (Greenaway, Jr., J.  After a jury awarded him $100,000 in punitive damages under the Pennsylvania Bad Faith Statute, 42 Pa. Cons. Stat. § 8371, Appellant Bernie Clemens submitted a petition for over […]

Shea v USAA, 2018, U.S. Dist. LEXIS 234750 (July 25, 2018), Surrick, J.  This case involves failure to pay first party medical benefits. Instead the insurance company demanded peer review. Viewing the allegations in the light most favorable to Plaintiff, the pleading raises a reasonable expectation that discovery will produce evidence that an insurance contract […]