PA Update – Recent Third Circuit Ruling in Dunleavy Distinguishes Gallagher: Certain Household Vehicle Exclusions Are Still Enforceable
On March 18, 2021, the Third Circuit Court of Appeals affirmed the May 19, 2020 order of the United States District Court in the Western District of Pennsylvania in Dunleavy, et al. v. Mid-Century Ins. Co., 2020 WL 2536816 (W.D. Pa. May 19, 2020). In doing so, these Federal Courts distinguished the Pennsylvania Supreme Court […]
PENNSYLVANIA LEGISLATIVE UPDATE – PACKAGE OF BILLS AMENDING CRIMINAL LAWS AND EVIDENTIARY RULES PASSES STATE HOUSE AND HEADING FOR STATE SENATE
During the week of March 15, 2021, the Pennsylvania House of Representatives passed several bills reforming and amending various aspects of criminal law and evidentiary rules. These bills include: HB 103 – This bill would create the offense of harassment of a law enforcement officer if a person intentionally causes or attempts to cause a […]
On January 15, 2021, U.S. District Judge William S. Stickman IV dismissed a Pennsylvania restaurant’s proposed class action seeking coverage from its insurance company for losses due to the coronavirus. The court found that establishments that were limited to carry-out service during the pandemic had not sustained the “direct, physical loss” that is necessary to trigger their […]
For all Pennsylvania licensed alcohol establishments, the Pennsylvania Liquor Control Board (PLCB) has temporarily waived both the application fee and the 30-day waiting period typically required to extend a licensed premises outdoors. A few key notes for an establishment seeking to obtain an outdoor extension of premises include: The establishment must submit a plan for […]
Covid-19 Update -The Pennsylvania Supreme Court’s April 1, 2020 Order
On Wednesday, April 1, 2020, the Pennsylvania Supreme Court issued its Second Supplemental Order regarding the Judicial Emergency caused by Covid-19. Most significantly, all Pennsylvania courts are to remain closed to the public (except for essential services) through April 30, 2020. President Judges of each court of common pleas are authorized to extend this closure […]
Most automobile insurance policies include a provision that requires an insured who is seeking first party benefits to submit to an independent medical examination, (IME). In a recent opinion, the Pennsylvania Supreme Court has held that those medical examination policy provisions conflict with Section 1796(a) of Pennsylvania’s Motor Vehicle Financial Responsibility Law, (MVFRL), which includes […]
Case Bulletin – Safe Auto Ins. v. Oriental – Guillermo (214 A.3d 1257 (Pa. 2019)
In the August, 2019 decision of Safe Auto Insurance Company v. Oriental-Guillermo, the Supreme Court of Pennsylvania found that an unlisted resident driver exclusion (URDE) in an automobile insurance policy was enforceable against the policyholder’s live-in girlfriend. Therefore, the court found that the automobile insurance carrier was not obligated to provide insurance coverage to the […]
On October 17, 2018, the Pennsylvania Supreme Court published an opinion that requires determinations regarding the applicability of the discovery rule to toll a statute of limitations to be put to a jury. In Nicolaou v. Martin, et al., No. 44 MAP 2017, 2018 WL 5019804 (Pa. October 17, 2018), the Pennsylvania Supreme Court held […]
In September of 2018, the United States District Court for the Eastern District of Pennsylvania addressed the issue of whether an insurer’s actions constituting criminal assault could be considered an “occurrence” under a homeowner’s insurance policy affording coverage and indemnity. The declaratory judgment action in the Eastern District of Pennsylvania stemmed from an underlying civil […]
Case Bulletin – Pennsylvania’s Superior Court Rejects Tolling Claims in Latent Disease Cases
On November 16, 2018, Pennsylvania’s Superior Court addressed whether claims of latent disease against an employer were tolled until the seminal Tooey ruling was issued in 2013. Moeller v. Armstrong World Indus., Inc., 361 MDA 2018, (Pa. Super. 2018); Riley v. Armstrong World Indus., Inc., 122 MDA 2018 (Pa. Super. 2018), Michael Moeller was employed […]
Case Bulletin – Third Circuit Permits Insurer’s Contribution Claim Against Liquor Licensee
On August 22, 2018, the United States Court of Appeals for the Third Circuit reinstated an insurer’s contribution claim against a liquor licensee for allegedly overserving alcohol to its insured driver. Encompass Insurance Co. v. Stone Mansion Restaurant Inc., No. 17-1479 (argued October 12, 2017). In March 2011, Brian Viviani and Helen Hoey attended a […]
The United States Supreme Court has recently authored a number of cases restricting situations in which courts can exercise general personal jurisdiction over an out of state defendant. See e.g. BNSF Ry. Co. v. Tyrrell, 137 S.Ct. 1549, 1558 (2017); Daimler AG v. Bauman, 571 U.S. 117, 137 (2014). However, the Pennsylvania Superior Court issued […]
Case Bulletin – Allegheny County Judge Colville Approves of Alternative Service via Facebook
The Pennsylvania Rules of Civil Procedure regarding service of original process provide: (a) Original process may be served (1) by handing a copy to the defendant; or (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member […]
On May 17, 2018, the Commonwealth Court affirmed the Workers’ Compensation Appeal Board’s dismissal of a claim filed by an electrical worker which arose after that worker was injured in a motor vehicle accident while driving to work. Generally, the “coming and going” rule exempts employers from liability for injuries suffered by employees while commuting […]
On February 21, 2018, the Pennsylvania Supreme Court held that when PennDOT installs a guardrail, “sovereign immunity is waived if the agency’s negligent installation and design creates a dangerous condition.” Cagey v. Commonwealth, ___ A.3d ___, 2018 WL 987783 (Pa. Feb. 21, 2018) (overruling Lambert v. Katz, 8 A.3d 409 (Pa. Commw. 2010); Stein v. […]
On February 16, 2018, the Superior Court found that a Defendant manufacturer/supplier was entitled to a new trial following a denial of post-trial motions. It held that because the Supreme Court’s decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) created a new definition of “defect” a jury charge containing an outdated […]
Case Bulletin – DUI Legal & Practical Developments; What It Takes to Reach the Legal Limit
Along with DUI laws in states across the country, Pennsylvania DUI laws and associated penalties are changing. A recent U. S. Supreme Court case, Birchfield v. North Dakota, decided on June 23, 2016, held that taking a blood sample or administering a breath test is a search governed by the Fourth Amendment. In this context, […]
Erie Ins. Exch. v. Bristol., No. 124 MAP 2016 (Pa., Nov. 22, 2017). In July 2005, Michael Bristol was injured in a hit-and-run accident while working as a lineman for RCC, Inc. RCC was insured though a policy issued by Erie Insurance that contained an Uninsured/Underinsured Motorist Coverage Endorsement. That endorsement contained an arbitration clause. […]
Case Bulletin – Superior Court Holds Fair Share Act Applies to Strict Liability Claims
On Tuesday, December 28, 2017, the Superior Court ruled that the Fair Share Act, 42 Pa.C.S. § 7102, applies to strict liability cases, including asbestos litigation. Roverano v. John Crane, Inc., ___ A.3d ___, 2017 WL 6761077 (Pa. Super. 2017). In Roverano, the plaintiff alleged exposure to asbestos during his employment from 1971-1981. He was […]
Case Bulletin – Third Circuit Upholds Dismissal Based On Lack of Personal Jurisdiction
On September 7, 2017, the Third Circuit upheld a dismissal of a Complaint against Walt Disney Parks and the Walt Disney Company based upon lack of personal jurisdiction. See Barth v. Walt Disney Parks & Resorts U.S., Inc., 2017 WL 3951783 (3d Cir. Sept. 8, 2017) (unpublished). The Plaintiffs sued the Disney Defendants in Philadelphia […]
© All rights reserved - Zimmer Kunz PLLC 2021
