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’, […]
Tag: insurance
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 […]
INSURANCE-SUBROGATION-TENANTS-LANDLORD-TENANT AGREEMENT
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 […]
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 […]
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