Recently, in Lucykanish v. Flurer, 2024 Pa. Super. Unpub. Lexis 2142, 2024 WL 4003231 (Aug. 30, 2024), the Pennsylvania Superior Court reversed the lower court verdict, in which the judge found in favor of the defendant based in part on plaintiff’s failure to wear her...
When Analyzing the Renewal of an Insurance Policy, Consistency is Key
Recently, the District Court for the Eastern District of Pennsylvania in Vasquez et al v. Nationwide Property & Casualty Insurance Company, 2024 WL 4339987 (E.D.Pa. September 27, 2024) analyzed an insurance coverage concerning whether an underinsured motorist...
Homeowner and Auto Insurance Premiums Skyrocket Nationwide
Over the past several years homeowners’ insurance and auto insurance policy premiums have been increasing across the country. Between 2023 and 2024, homeowner and auto insurance premiums increased on average by 23% and 26% respectively. This rise in premiums can be...
District Court Finds One Too Many Amendments Creates “New Policy” Requiring New UM/UIM Elections
Recently, the District Court for the Western District of Pennsylvania in McGuire v. Nationwide Affinity Insurance Co. of America, 2024 WL 4150098 (W.D.Pa. September 11, 2024) analyzed a dispute regarding if the denial of stacking of underinsured motorist coverage...
Household Exclusion Hits the Brakes on Uninsured Dirt Bike UIM Claims
Third Circuit Enforces Household Exclusion to Bar Recovery While Operating Unlicensed Dirt Bike Recently, the United States Court of Appeals for The Third Circuit in Mid-Century Insurance Company v. Werley, No. 23-1822 (3d Cir. 2024) analyzed and upheld the validity...
Elemental, My Dear Warwick
Recently, in Warwick v. Golden Properties LLC et al. No. 1316 WDA 2023, the Pennsylvania Superior Court affirmed the lower court verdict, in which the jury found in favor of the defendants when it determined that the plaintiff did not meet her burden of proof in...
Credit is Earned, Not Assumed
Superior Court Rejects Arguments that Insurer’s Entitlement to UIM Credit is Self-Executing In a recent decision, the Pennsylvania Superior Court in Tachony v. LM Gen. Ins. Co., No. 1902 EDA 2023, 2024 WL 3042206 (Pa. Super. 2024), affirmed an order denying the...
Eastern District of Pennsylvania Court Held Factual Details of Denial Insufficient to Overcome Motion to Dismiss Statutory Bad Faith Claim
In a recent slip opinion in Barbor v. State Farm Fire Claims Company, et al., 2024 Wl 3678660 (E.D. Pa. Aug 6, 2024) the United States Eastern District of Pennsylvania considered an insurer’s Motion to Dismiss a bad faith claim. The Court granted the Motion and...
The Epidemic, Part IV
Sudden-Moving-Ladder Syndrome Strikes Again! Is there no end? In a recent decision, the Supreme Court, New York County gave us yet another look at Sudden-Moving-Ladder Syndrome in action. In Zuniga v. Trinity NYC Hotel, LLC, 2024 NY Slip Op 32293(U), plaintiff was...
