On November 30, 2022, OpenAI released an artificial intelligence chatbot called ChatGPT, which quickly sparked controversy throughout the legal industry concerning its capabilities in the legal arena. Some panicked that ChatGPT may eventually replace the need for...
Third Circuit Rejects Statutory Bad Faith Claim Stemming from Denial in Unsettled Area of the Law
In a recent decision in Slupski v. Nationwide Insurance Company, 2023 WL 3477828 (3d Cir. May 16, 2023)(not for publication), the United States Court of Appeals for the Third Circuit, considered the question of whether an insured’s claim that his insurer had no...
Navigating the New Waters of Joint and Several Liability
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...
Glen Shikunov to Argue “Regular Use Exclusion” Case Before the Pennsylvania Supreme Court
The “regular use exclusion” is commonly included in all Pennsylvania auto insurance policies as a method to preclude benefits while operating vehicles an insured regularly uses or has access to but are not otherwise insured under the policy. The Pennsylvania Supreme...
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...
