Pennsylvania Defense Institute Recent Updates

Pennsylvania Superior Court Addresses Rejection of UIM Forms

Dan Cummins — Wed, 29 Feb 2012 11:36:17 -0500

Pennsylvania Superior Court Voids UIM Rejection Form in Jones v. Unitrin

Superior Court Gives Guidance on "Prejudice" to UM Insurer for Failure to Notify of "Phantom" Vehicle

David Cole — Mon, 27 Feb 2012 13:00:28 -0500

In Vanderhoff v. Harleysville Insurance, the plaintiff contended he struck the rear of a vehicle driven by Piontkowski when a "phantom" vehicle caused Piontkowski to stop short. Harleysville denied Venderhoff's claim for UM benefits for failure to timely advise them of the "phantom" vehicle. The lower court held that Harleysville did not establish prejudice for Vanderhoff's late notice, as it did not show that the result of Harleysville investigation of the claim would have been different had there been timely notice of the phantom vehicle. A Superior Court panel unanimously reversed the trial court decision.

U.S. Supreme Court Denies Certiorari in Covell v. Bell Sports, Rendering Third Circuit Decision Final and Absolute

David Cole — Mon, 27 Feb 2012 12:26:27 -0500

In Covell v. Bell Sports, Inc., the United States Supreme Court last week rendered the Third Circuit's decision final and absolute by denying Plaintiff's Petition for Certioari. This action removes any doubt of the applicable law in products liability actions in the federal courts in this Circuit.

Thanks to PDI member Scott Toomey for this update and his work on the case.

Pennsylvania Supreme Court Holds that Uninsured Drivers May Recover Economic Damages from Tortfeasor Driver

Dan Cummins — Wed, 22 Feb 2012 11:31:37 -0500

Pennsylvania Supreme Court allows uninsured motorists to pursue economic loss claims against tortfeasor.

Insurer Obtains Summary Judgment on Faulty Workmanship and Bad Faith Claim Handling

David Cole — Mon, 16 Jan 2012 14:19:48 -0500

Summary Judgment for Insurers
on Faulty Workmanship and Bad Faith Claim Handling Allegations.

By:Timothy W. Stalker, Esq. and Matthew J.

Pennsylvania Supreme Court Splits on Extension of NIED Cause of Action

Dan Cummins — Tue, 03 Jan 2012 10:25:12 -0500

Pennsylvania Supreme Court Splits on Extension of NIED Cause of Action

Pennsylvania Supreme Court Rules on Important Property Damage Subrogation Issue

Dan Cummins — Thu, 22 Dec 2011 09:49:31 -0500

The Pennsylvania Supreme Court issued a decision on December 21, 2011 in the case of Jones v. Nationwide affirming the practice of carriers returning deductibles to its insureds on a pro rata basis after a subrogation recovery against a third party tortfeasor.

Counterpoint To Become On-Line Publication

David Cole — Tue, 29 Nov 2011 15:07:18 -0500

With the April 2012 edition, Counrterpoint will become an on-line publication for PDI members. Hard copies will continue to be mailed to all Pennsylvania judges and law libraries.

Superior Court Overturns Barrick v. Holy Spirit Hospital

Dan Cummins — Wed, 23 Nov 2011 16:03:57 -0500

On November 23, 2011, an en banc panel of the Pennsylvania Superior Court issued a 38 paged Opinion that serves to overturn the trial court's decision to allow one party to review written communications by the opposing party to the opposing party's expert in the case of Barrick v. Holy Spirit Hospital, 1856 MDA 2009 (Pa. Super. Nov. 23, 2011)(8-1 Opinion by Mundy, J.)(Bowes, J. concurring and dissenting).

Third Circuit Issues Important ERISA Reimbursement Decision

Dan Cummins — Mon, 21 Nov 2011 00:45:31 -0500

In its recent November 16, 2011 decision in the case of U.S. Airways v. McCutchen, ___ F.3d ___, 2011 WL 5557411 (3d Cir. 2011Sloviter, Fuentes, and Vanaskie, JJ.)(Opinion by Fuentes, J.), the U.S. Court of Appeals for the Third Circuit just held that an insurer is not entitled to 100 percent reimbursement of paid medical expenses when an injured employee has recovered only a fraction of his damages from a third party.

Pennsylvania Supreme Court To Address Important Delay Damages Issue in Post-Koken Case

Dan Cummins — Wed, 16 Nov 2011 22:34:20 -0500

In the Pennsylvania Superior Court decision in the case of Marlette v. State Farm Mut. Automobile Ins. Co. and Jordan, the appellate court addressed the issue was whether the delay damages calculation should be based upon the higher jury verdict or the lower figure that resulted after the verdict was molded down by the court to the amount of the available UIM limits.

Lehigh County Court Agrees to Bifurcation of Post-Koken Case At Trial Stage

Dan Cummins — Wed, 09 Nov 2011 09:44:07 -0500

In the Lehigh County Court of Common Pleas post-Koken case of Purta v. Blower and Erie Ins. Exch., No. 2010-C-2515 (C.P. Lehigh Co. Sept. 20, 2011 Reibman, J.), the Honorable Edward D. Reibman addressed the seemingly novel issue presented by a Motion to Severance filed by the UIM carrier Defendant to bifurcate jointly filed third party and underinsured motorist (UIM) claims into separate trials.

Clarification of Recurring Issue of Challenges to Late Joinder of Additional Defendants

Dan Cummins — Tue, 08 Nov 2011 10:27:50 -0500

Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued an Opinion on a recurring issue in the case of Chelland v. Siegfried v. Solomon, No. 2010 - CV - 6113 (C.P. Lacka. Co. Nov. 1, 2011 Nealon, J.), which involved an additional defendant's challenge to an original defendant's untimely joinder of the additional defendant.

Claims Rep's Mental Impressions, Opinions, etc. Created Prior to Trial are Protected

Dan Cummins — Fri, 28 Oct 2011 13:43:52 -0400

In an apparent case of first impression, Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed an important discovery issue surrounding the scope of discoverability of a claims representative's mental impressions in yet another of his opinions handed down in the case of Church of the Forgotten Souls v. NGM Ins. Co., No. 2010 - CV - 7078 (C.P. Lacka. Co. Oct. 5, 2011 Nealon, J.).

Pennsylvania Supreme Court on Twitter

Dan Cummins — Tue, 25 Oct 2011 00:27:46 -0400

The Supreme Court of Pennsylvania announced last week that it would launch a Twitter feed to instantly communicate opinions, rulings, and other relevant information. Recipients can sign up at http://twitter.com/SupremeCtofPA.

Pennsylvania Supreme Court Hands Down Two Important UM/UIM Decisions

Dan Cummins — Tue, 25 Oct 2011 00:26:11 -0400

Earlier this week, the Pennsylvania Supreme Court handed down two important decisions on major UM/UIM issues both of which opinions where written by Justice Orie Melvin.

PDI Annual Conference Summary

David Cole — Wed, 31 Aug 2011 15:45:21 -0400

Pennsylvania Defense Institute (PDI) held its 43rd Annual Conference July 21-22, 2011 at the historic Bedford Springs Resort in Bedford, Pennsylvania. Located in the mountains of south - central Pennsylvania this warm and welcoming resort offers luxury accommodations, historic dining venues, a championship golf course and spring fed pool and spa as well as hiking, fishing and horseback riding.

Judge Terrence Nealon of Lackawanna County Analyzes Regular Use Exclusion

David Cole — Wed, 31 Aug 2011 15:36:59 -0400

On May 24, 2011, Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued a decision in the case of Erie Ins. Exchange v. Soroka, No. 09 - CV - 1056 (Lacka. Co. May 24, 2011, Nealon, J.) which involved the UIM coverage exclusion for non-owned, regularly used vehicles.

Herd Chiropractic v.State Farm Insurance

David Cole — Wed, 31 Aug 2011 15:25:32 -0400

Pennsylvania Superior Court holds that an insurance company may still be liable for attorney's fees under 75 Pa.C.S. Section 1797 even when it properly invokes the peer review process.

UIM Credit for Excess/Umbrella Policy Limits Stands

Dan Cummins — Sat, 13 Aug 2011 10:19:31 -0400

n July 27, 2011, the Pennsylvania Supreme Court denied allocatur in the two companion underinsured motorist cases of D'Adamo v. Erie Ins. Exchange and Holocher v. Erie Ins. Exchange, thereby allowing to stand a Superior Court panel's ruling (found at 4 A.3d 1090 (Pa.Super. 2010)) that benefits collected under a tortfeasor's umbrella insurance policy can serve as an offset or credit against the amount of recoverable underinsured motorist benefits in a given matter.