In re Penn Treaty Network America Ins. Co. (In Liquidation)

The Pennsylvania Insurance Commissioner, in her capacity as Statutory Liquidator of Penn Treaty Network America Insurance Company and American Network Insurance Company (together, the Companies), applied to the Pennsylvania Commonwealth Court for a declaration that she was authorized under Article V of The Insurance Department Act of 1921 to allocate assets from the Companies’ estates … Read more

Fisher v. Erie Ins. Exchange

After a car accident, the Fishers sued Mr. Green and included an underinsured motorists claim against Erie Insurance. The trial court ordered an in camera review of certain documents after Erie objected to a discovery request. Erie filed an interlocutory appeal and argued that the order for an in camera review was immediately appealable under … Read more

Van Divner v. Sweger

Van Divner sued Sweger and Progressive Insurance Co. after a car accident. The trial court granted Progressive’s preliminary objections and transferred venue per its interpretation of the forum selection clause in Van Divner’s auto insurance policy. The Pennsylvania Superior Court reversed, finding that the trial court erroneously construed the forum selection clause in the policy.

Penn Psychiatric Ctr., Inc. v. United States Liab. Ins. Co.

This was an appeal from an order dismissing an insurance coverage action. Penn Psychiatric (Insured) claimed that it was entitled to coverage under an employment practices insurance policy for an action brought against Insured and one of its therapists by two former patients who had no employment relationship with Insured. The trial court sustained United … Read more

Cadre v. Proassurance Cas. Co.

Forget your clients, lawyers. This opinion is important for you. An attorney sued her professional liability insurer and broker after the insurer declined to provide coverage when a paralegal misappropriated about $800,000 in client funds. Rule 1:21-1B requires coverage for attorneys for all damages from any claim by a client, but the insurance policy procured … Read more

Huggins v. Aquilar

In September 2016, Defendant Trend Motors, Ltd. (Trend) provided Defendant Aquilar with a loaner vehicle for her personal use while her vehicle was serviced. Aquilar’s negligent operation of the loaner vehicle caused it to strike Plaintiff Huggins’s car. As a result, Plaintiff sustained serious injuries. Trend held a garage policy with Federal Insurance Company (Federal) … Read more

Gibson v. State Farm Mut. Auto. Ins. Co.

In Gibson v. State Farm Mut. Auto. Ins. Co., the Third Circuit confronted an issue of Pennsylvania law regarding underinsured motorist coverage. Under 75 Pa.C.S. § 1734, an insured Pennsylvanian can reduce her premium by opting for a lower amount of UIM so long as she makes a “request in writing.” Here, the insured had … Read more

Crystal Point Condo. Assoc. v. Kinsale Ins. Co.

In Crystal Point Condo. Assoc. v. Kinsale Ins. Co., the New Jersey Appellate Division issued a critical ruling on arbitration and direct actions against insurance companies. A condominium in Jersey City was found to have structural issues. So, the condo association sued certain professionals responsible for the sub-par construction and received default judgments because both … Read more

Erie Ins. Exch. v. King

In Erie Ins. Exch. v. King, after a car accident, the appellants made an uninsured motorist claim under an Erie Insurance policy. Erie filed a Complaint for Declaratory Judgment and argued that the appellants were barred from receiving UM coverage due to the household exclusion contained in the policy. The trial court agreed with Erie … Read more

N.J. Transit Corp. v. Certain Underwriters at Lloyd’s London

In N.J. Transit Corp. v. Certain Underwriters at Lloyd’s London, the New Jersey Supreme Court issued a per curiam order affirming the Appellate Division’s opinion in N.J. Transit Corp. v. Certain Underwriters at Lloyd’s London, 221 A.3d 1180 (App. Div. 2019). The Supreme Court wrote only to downplay the importance of the Appellate Divisions reliance … Read more