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...
Steve McManus Presents Seminar in Richmond, VA Regarding Defense and Indemnification Tenders and Coverage
On November 15th, Steve McManus presented a CE seminar at the Atlantic Casualty Insurance Company regarding analyzing tenders of defense for claims of contractual indemnification against an insured and demands for coverage as an additional insured direct to the...
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...
Third Circuit Renders Lower UM/UIM Limit Elections Valid for the Life of an Auto Insurance Policy
In a recent decision in Geist v. State Farm Mut. Auto. Ins. Co., No. 21-3315, 2022 WL 4543231 (Sept. 29, 2022), the Third Circuit Court of Appeals considered the question of whether an insurer that previously secured a written request for lower uninsured/underinsured...
Waiving Goodbye to Benefits
On August 4, 2022, in Koch v. Progressive, 2022 PA Super 131 (Aug. 4, 2022), the Pennsylvania Superior Court upheld the continuing validity of underinsured motorist (“UIM”) rejection waivers pursuant to 75 Pa. C.S. § 1731 despite subsequent policy changes and...
New Jersey’s Bad Faith Sword of Damocles
On January 18, 2022, New Jersey Governor Phil Murphy signed into law the New Jersey Insurance Fair Conduct Act (the “Act”), providing a new cause of action for uninsured and underinsured motorist benefits claimants. Under the “New Jersey Insurance Fair Conduct Act,”...
Superior Court Upholds Household Exclusion While Limiting Gallagher v. GEICO
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...