The plaintiff in a motor-vehicle-accident case appealed from an order of the Philadelphia Court of Common Pleas that sustained the defendant’s preliminary objections because the venue should have been in the Bucks County Court of Common Pleas. In Matthews v. Erie Ins. Grp., the Superior Court agreed. The plaintiff sued because the defendant insurance company, … Read more
In Woodford v. Commonw. of Penn. Ins. Dept., the Pennsylvania Supreme Court was called on to decide whether an insurance broker violated the state’s Insurance Department Act of 1921 by charging customers a non-refundable application fee. The Insurance Commissioner and a panel of the Commonwealth Court agreed that 40 P.S. §310.74(b) prohibited the fee. And … Read more
The New Jersey Supreme Court wisely declined the opportunity to jump into the wormhole of self-procured insurance issued by unauthorized, out-of-state insurers. Instead, in Johnson & Johnson v. Dir., Div. of Tax’n, the Court issued a per curium opinion affirming the Appellate Division’s ruling. The Appellate Division held that 2011 amendments to N.J.S.A. 17:22-6.64 did … Read more
In Rafanello v. Taylor-Esquivel, the Appellate Division was asked to determine whether “New Jersey law requires a commercial motor vehicle carrier . . . to provide the minimum insurance coverage amount of $750,000, when engaged in interstate or intrastate commerce, . . . even in the event an individual is not listed as a covered … Read more
In Erie Ins. Co. v. Petrie, the decedent’s estate appealed the trial court’s grant of Erie Insurance Co.’s motion for judgment on the pleadings. The Superior Court held that the trial court erred because the decedent had the right to aggregate or “stack” the limits of coverage for underinsured motorists (UIM) of two separate policies, … Read more
State Farm Ins. Co. v. Kitko involved a dispute over a decedent’s insurance policy. The decedent’s ex-wife and brother both claimed they were the primary beneficiary. On appeal, the ex-wife challenged the trial court’s grant of summary judgment in favor of the brother. The Superior Court reversed, holding that the decedent did not effectuate a … Read more
In Pickett v. Moore’s Lounge, the Appellate Division held that a bar’s insurance policy’s assault-or-battery exclusion precluded the bar’s claim for indemnification after one of it’s patrons killed another patron.
In Kurach v. Truck Ins. Exch., the PA Supreme Court held that an insurer is permitted to withhold the general contractor’s overhead and profit from any actual cash value payment until the insured undertakes repairs of the damaged property, even though the services of a general contractor were reasonably likely to be needed to complete … Read more
The Superior Court reversed the trial court’s declaratory judgment and held that, because the Franks’ removal of a vehicle from their multi-vehicle insurance changed the stacked amount of underinsured motorist coverage, under the Motor Vehicle Financial Responsibility Law, State Farm was required to provide a new stacking waiver.
In Leo v. Nationstar Mortg., the plaintiffs, who were borrowers from New Jersey and North Carolina, sought review of the force-placed insurance rate charged by their reverse-mortgage lender, Nationstar. Plaintiffs alleged Nationstar colluded with a hazard insurance company and a hazard insurance agent to pocket kickbacks on force-placed insurance policies. The Third Circuit affirmed the District … Read more