Prior to 2011, Pennsylvania common law recognized the concept of “joint and several liability,” which held that all codefendants are jointly and severally liable for the entirety of the verdict regardless of what percentage of liability a fact finder allocated to...
Hot Potato: The Requirement to Add (or Remove) a Vehicle
On April 19, 2023, the Pennsylvania Supreme Court clarified the need for UM/UIM stacking waivers after the removal of a vehicle in Franks v. State Farm Mutual Automobile Insurance Company, No. 42 MAP 2022. In Franks, the claimants originally owned two vehicles on...
Court Rejects Household Exclusion Enforceability in Novel Stacking Scenario
In a recent decision in Mid-Century Insurance Company v. Werley, No. 21-5592, 2023 WL 2727575 (April 30, 2023), Judge Edward G. Smith of the Eastern District of Pennsylvania examined the enforceability of the household exclusion to preclude UM/UIM benefits following...
(Failure to) Report of Hit-and-Run to Police a Factual Issue in First Party Claim
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”)...