Since the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO Indem. Co., 201. A.3d 131 (2019), voluminous litigations ensued between the Plaintiffs’ and Defense bar regarding whether a “household exclusion” contained in Pennsylvania auto insurance policies...
Stacking of Uninsured and Underinsured Motorist Benefits in Pennsylvania: To Be, Or Not To Be?
On April 5, 2021, House Bill No. 1083 was introduced in the General Assembly of Pennsylvania, which seeks to amend significant portions of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) related to uninsured/underinsured (“UM/UIM”) motorist...
Conflicting Rulings On Coverage for COVID-19 Business Losses in Pennsylvania
The COVID-19 pandemic forced numerous businesses in Pennsylvania to limit their hours or shut down entirely, resulting in substantial business income losses. These losses triggered a wave of litigation on behalf of business owners seeking recoupment of lost income...
Court Rejects Attempt to Expand Class of Claimants Eligible for “Stacked” UM/UIM Benefits
Last year, the Superior Court rejected an attempt by a Plaintiff to expand the class of claimants eligible to “stack” UM/UIM benefits under an auto insurance policy pursuant to 75 Pa. C.S.A. §§ 1738. In Grix v. Progressive Specialty Ins. Co., No. 312 MDA 2019, 2020 WL...
Back to the Future?
Recently, in Spencer v. Johnson, 2021 PA Super 48 (Mar. 18, 2021), the Pennsylvania Superior Court altered the legal landscape of tort law in limiting the reach of Pennsylvania's Fair Share Act. A two-judge panel held an employee and employer jointly and severally...
NJ is Going Back to Court Virtually—Is Your Witness Ready?
In the Pre-trial Conference, you will discuss the restrictions on the witnesses. In some districts virtual backgrounds are not allowed. The witness may be required to demonstrate that they are in a private location by turning the camera a full 360°. The witness will...
Adjusters, are you Gearing up for Virtual Trials?
We have talked about attorneys and the courts getting prepared for virtual trials. In fact, attorneys have transformed conference rooms into virtual trial court rooms with big screen televisions to view the jury, multiple computers to upload documents and to watch the...
Nexus Required for Mode of Operations
Most recently, the Appellate Court, once again, ruled that the plaintiff must identify the substance and that there was a nexus between the substance and items sold within the store. Sara Quejada v. Shop Rite, A-0923-19T3. On July 6, 2018, plaintiff slipped and fell...
Control is the Critical Element in Worker’s Compensation Premises Rule
The Appellate Court in Diane Lapsely v. Township of Sparta and Sparta Public Library et. al. A-0958-19T3, held that the employer's control of the employee's use of the parking lot would determine whether it was compensable under the Premises Rule. The Petitioner,...
