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

Matthews v. Erie Ins. Grp.

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

Woodford v. Commonw. of Penn. Ins. Dept.

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

Johnson & Johnson v. Dir., Div. of Tax’n

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

Rafanello v. Taylor-Esquivel

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

Erie Ins. Co. v. Petrie

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

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