In a recent decision in Golik v. Erie Ins. Exch., 2023 PA Super 150 (Aug. 7, 2023)(approved for publication, no citation yet available), the Superior Court of Pennsylvania considered as a matter of first impression the question of whether a first named insured’s...

In a recent decision, the Fourth Department reversed a Supreme Court, Erie County Order granting plaintiff’s motion for summary judgment on liability pursuant to Labor Law § 200 (“codified negligence”) and denying defendant’s cross-motion for summary judgment...

Last year, Glen Shikunov of McCormick & Priore, P.C. successfully litigated an appeal on a matter of first impression in the Superior Court in Erie Ins. Exch. v. Backmeier, 287 A.3d 931 (Pa. Super. 2022) wherein the Court rejected an attempt by a Plaintiff to...

In a pair of recent cases, the Second Department considered what “work” is “ancillary” to activity falling under the purview of Labor Law § 240(1).  By way of background, Labor Law § 240(1), also known notoriously as “The Scaffold Law,” protects workers from...

In a recent decision The Fourth Department reversed a Supreme Court Order, holding that Industrial Code provision 12 NYCRR § 23-4.2(k) is not sufficiently specific to support a Labor Law § 241(6) cause of action.  We note, Labor Law § 241(6) claims are required to be...

Before 2017, the question of when the statute of limitations accrued for uninsured motorist (“UM”) and underinsured motorist (“UIM”) claims was relatively straightforward: UM/UIM claims accrued when either the insured sustained bodily injury in an accident and knew of...

In a recent decision in Turnpaugh Chiropractic Health & Wellness Ctr., P.C. v. Erie Ins. Exch., 2023 PA Super 99 (June 8, 2023), the Superior Court of Pennsylvania considered, among other things, whether the Pennsylvania Motor Vehicle Financial Responsibility Laws...

As was the case in Gallagher v. GEICO Indem. Co., 201. A.3d 131 (Pa. 2019), the Pennsylvania Superior Court’s decision in Rush v. Erie Insurance Exchange, 265 A.3d 794 (Pa. Super. 2021) has spawned legal uncertainty and questions about the application of the decision....

Recently, in Brown v. City of Oil City, 294 A.3d 413 (2023), the Supreme Court of Pennsylvania was asked to determine whether Section 385 of the Restatement (Second) of Torts imposes liability on a contractor to a third party whenever the contractor creates a...