In a recent decision, the Eastern District Court of Pennsylvania clarified the requirements of reporting a hit-and-run claim to the uninsured motorist benefits insurance carrier. Smart v. Allstate Insurance Co., No. 21-3910 (E.D. Pa. Jan. 12, 2023). The Court denied...
Glen Shikunov Secures Supreme Court Decision Affirming UM/UIM Household Exclusion
Since the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO Indem. Co., 201. A.3d 131 (Pa. 2019), voluminous litigations ensued concerning whether the “household exclusion” contained in nearly all Pennsylvania auto insurance policies remains valid. On...
Like Knights for Their Vassals of Olde, Employers Must Protect Their Employees
On January 4, 2023, in Shellenberger v. Kreider Farms et al., 2023 Pa Super 1 (Jan. 4, 2023), the Superior Court of Pennsylvania issued an opinion of an appeal by Pamela K. Shellenberger, executrix of the estate of Richard M. Shellenberger, deceased, addressing the...
En Banc Superior Court Grants Review to Determine Manifestation of Assent to Arbitration in the Digital Age
In an October 12, 2022 decision in Chilutti v. Uber Technologies, Inc., et. al., No. 1023 EDA 2021, 2022 PA Super 172 (Pa. Super. 2022), the Superior Court of Pennsylvania considered whether a party should be deprived of their constitutional right to a jury trial when...
In a case of First Impression, the Pennsylvania Superior Court Applies UM/UIM “Coordination of Benefits” Provision to Cap Recovery Across Multiple Household Policies
In a recent decision in Erie Ins. Exch. v. Backmeier, 2022 PA Super 221 (Dec. 28, 2022)(approved for publication, no citation yet available), the Superior Court of Pennsylvania considered as a matter of first impression the question of whether an insurer may apply an...
The United States District Court for the Western District of Pennsylvania Clarifies UIM Credit in Multiple Tortfeasor Situations
In a recent decision in State Farm Automobile Insurance Company v. Griffiths, No.20-202, 2022 WL 3618663 (August 23, 2022), the United States District Court for the Western District of Pennsylvania clarified the proper calculation of underinsured motorist (“UIM”)...
Superior Court Clarifies Statute of Limitations Defenses in UM/UIM Case
In a recent decision in Novak v. Mutual Benefit Insurance Company, No. 1592 MDA 2021 (Oct. 14, 2022), the Superior Court clarified the Supreme Court decision in Erie Insurance Exchange v. Bristol, 174 A.3d 578 (Pa. 2017), to clarify the validity and proper calculation...
Pennsylvania Supreme Court Hears Oral Argument in Franks v. State Farm
On November 29, 2022, the Pennsylvania Supreme Court heard argument in the case Franks v. State Farm Mutual Automobile Insurance Company, 563 MAL 2021 (Pa. 2022) to determine whether, pursuant to 75 Pa. C.S. § 1738 of the Pennsylvania Motor Vehicle Financial...
Third Circuit Clarifies Notice Requirements for UIM Rejection Waivers
In a recent decision in Keeler et. al. v. Esurance Insurance Services, Inc., No. 21-2449, 2022 WL 10319919 (3d Cir. Oct. 18, 2022), the Third Circuit Court of Appeals considered the technical requirements for proper notice of rejection of underinsured motorist...