McGuire v. Nationwide Affinity Ins. Co. of Am., 2025 U.S. Dist. LEXIS 40195 (Pennsylvania Western District Court, March 6, 2025) (Ranjan, J.) On September 11, 2024, the Court issued an opinion, granting partial summary judgment in this underinsured motorist coverage case. As the parties made clear, the key dispute in this case was whether Nationwide’s […]
Tag: financial responsibility law
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-EXHAUSTION OF OTHER POLICIES
Ford v. Progressive Specialty Ins. Co., 2025 U.S. Dist. LEXIS 39728 (Pa. Eastern Dist. Ct., March 5, 2025)(Slomsky, J.) This case arises from a dispute over benefits Plaintiff Michael J. Ford (“Plaintiff”) believed he had under his auto insurance policy (the “Progressive Specialty Policy”) issued by Defendant Progressive Specialty Insurance Company (“Defendant” or “Progressive”). Plaintiff, […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-SIGNED ELECTION FORM-UIM COVERAGE
Goodville Mut. Cas. Co. v. McNear, 2025 Pa. Super. LEXIS 95 (Pa. Superior Ct., February 26, 2025) (Sullivan, J.) Valerie McNear appeal for summary judgement granted in favor of Goodville Mutual Insurance Company. In 2012, Karen initially signed an election form for less-than-full underinsured motorist (“UIM”) coverage, and she selected benefits of $50,000 each person/$100,000 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-PRECLUSION FROM RECOVERING BENEFITS PAID OR PAYABLE
Morris v. Sutton, 2025 U.S. Dist. LEXIS 30024 (Pa. Eastern District Ct., February 19, 2025) (McHugh, J.) In any action for damages against a tortfeasor, or in any uninsured or underinsured motorist proceeding, arising out of the maintenance or use of a motor vehicle, a person who is eligible to receive benefits under the coverages […]
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-UNDER INSURANCE-STACKING-RENEWAL OF A POLICY VERSUS A NEW POLICY
McGuire v. Nationwide, 2024 U.S. Dist. LEXIS 163290 (U.S. Dist. Ct. for W. Dist. of Pa., September 11, 2024) (Ranjan, J.) J. Nicholas Ranjan, United States District Judge Pennsylvania law allows policyholders to “stack” the number of limits of uninsured (UM) or underinsured (UIM) motorist coverage in an automobile insurance policy based on the number […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-HOUSEHOLD EXCLUSION-PAYMENT OF PREMIUM
MidCentury Ins. v. Werley, 2024 Pa. Super. LEXIS 22554, (U.S. Ct. of App., 3d Cir., September 5, 2024) (Smith, J.) OPINION OF THE COURT RENDELL, Circuit Judge. Levi Werley was seriously injured while riding an uninsured motorized dirt bike. When the insurance of the driver that struck him did not compensate him fully for his […]
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