Erie Ins. Exch. v. Eachus, 2023 Pa. Super. LEXIS 601, 2023 WL 8588845 (December 12, 2023) (Sullivan, J.). The court said there was no ambiguity in the request for lower limits associated with the Erie Insurance binder application. Since there was not a request for lower limits at any time and a lower premium was […]
Tag: financial responsibility law
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 […]
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 […]
ATTORNEY’S FEES-FINANCIAL RESPONSIBILITY LAW
Turnpaugh Chiropractic Health & Wellness Ctr., P.C. v. Erie Ins. Exch., 2023 Pa. Super. LEXIS 247 (June 8, 2023). BEFORE: BOWES, J., McCAFFERY, J., and STEVENS, P.J.E. OPINION BY STEVENS, P.J. Erie Insurance Exchange (“Erie”) appeals from the judgment entered by the Court of Common Pleas of Dauphin County finding in favor of Turnpaugh Chiropractic […]
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 […]