News & Publications

Zimmer Kunz Results March 14, 2019

ZK Results – Attorney Sharon Hall Granted Summary Judgment

Attorney Sharon Hall was granted summary judgment on behalf of her insurance client in a breach of contract/bad faith action in the United States District Court for the Western District of Pennsylvania.  In a 37 page opinion dismissing the matter, the Court ruled that the additional insured had failed to provide timely notice to the […]

Uncategorized January 23, 2019

Case Bulletin – Pennsylvania Supreme Court Publishes Opinion Regarding Discovery Rule and Statute of Limitations

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 […]

Zimmer Kunz Results January 17, 2019

ZK Result: Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Summary Judgment in Underinsured Motorist Claim

(Indiana County, PA) (October 2018). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley obtained Summary Judgment for their client – an automobile insurance carrier – arising out of an underinsured motorist (“UIM”) claim. Plaintiff was involved in an automobile accident with a third party. Plaintiff then alleged that he required shoulder surgery as a result […]

Pennsylvania Updates January 17, 2019

Case Bulletin – The United States District Court for the Eastern District of Pennsylvania Examines Definition of “Occurrence” Contained in Homeowners Policy for Actions Constituting Criminal Assault

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 […]

Uncategorized January 4, 2019

Case Bulletin – The United States District Court for the Eastern District of Pennsylvania Examines Definition of “Occurrence” Contained in Homeowners Policy for Actions Constituting Criminal Assault

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 […]

Zimmer Kunz Results December 18, 2018

ZK Results – Attorney John W. Zotter Successfully Raises Pennsylvania’s “Hills and Ridges” Doctrine as a Defense

In a lawsuit arising out of an alleged slip and fall in the parking lot of a shopping plaza, Plaintiff alleged that she slipped and fell on ice that had accumulated in the parking lot, and that there had been a significant accumulation of snow and ice over the 24 hours prior to the incident.  […]

Zimmer Kunz Results December 18, 2018

ZK Results – Attorney John W. Zotter Obtains Dismissal of Client in Lawsuit Seeking $2,800,000 in Damages

In a lawsuit arising out of the delay in the construction of an upscale residential development in Fayette County, Pennsylvania, the Developer Plaintiff claimed lost profits of $2,800,000.  In making a Section 1983 substantive-due-process claim, Plaintiff claimed that the Defendant Sewage Authority impaired Plaintiff’s constitutional rights to develop its property by obstructing access to municipal […]

Pennsylvania Updates December 14, 2018

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 […]

Zimmer Kunz Results November 30, 2018

ZK Result – Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Summary Judgment in Underinsured Motorist Claim

(Indiana County, PA) (October 2018). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley obtained Summary Judgment for their client – an automobile insurance carrier – arising out of an underinsured motorist (“UIM”) claim. Plaintiff was involved in an automobile accident with a third party. Plaintiff then alleged that he required shoulder surgery as a result […]

Zimmer Kunz News October 17, 2018

ZK News – Attorney Sharon Hall Featured Speaker at American National Insurance Claims Conference

On September 28, 2018, Sharon Hall was a featured speaker at the American National Insurance annual claims conference in Springfield, Missouri.  The presentation “Cause of Death. When Intentional Act Exclusions Make it Necessary to Solve the Crime” involved the effect of the intentional act exclusion when defending an insured accused of a crime.  Ms. Hall […]

Zimmer Kunz News October 16, 2018

ZK News – ZK Attorneys Present Seminar on Secondary Exposure to Asbestos Cases

On August 2, 2018, Zimmer Kunz attorneys Joni Mangino, Ryan Zeli, Joe Petrina, Greg Scheuring and Brian Lucot presented a seminar to Travelers Insurance Company regarding second hand exposure liability in asbestos litigation. In the presentation, the underlying theories of liability along with the current state of the law in jurisdictions throughout the United States […]

West Virginia Updates October 16, 2018

Case Bulletin – West Virginia Supreme Court of Appeal Narrows Definition of Civil Conspiracy

In May of 2018, the West Virginia Supreme Court of Appeals authored an opinion that narrowed the definition of civil conspiracy in West Virginia case law. In Ellis v. Herndon, the West Virginia Supreme Court of Appeals held that a plaintiff cannot hold a defendant liable for civil conspiracy if the plaintiff willingly took part […]

Pennsylvania Updates October 16, 2018

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 […]

Industry News October 16, 2018

Case Bulletin – Superior Court offers another Opinion Regarding the New Products Liability under Tincher

On Monday, August 20, 2018, the Superior Court authored its most recent opinion providing further insight into the application of the new products liability standard from Tincher v. Omega Flex, 104 A.3d 328, 399 (Pa. 2014). The Superior Court considered an appeal from the grant of a defendant’s summary judgment on the theory of defective […]

Zimmer Kunz Results August 29, 2018

ZK Results – Attorneys George Stewart and Kerri Shimborske-Abel Obtain Summary Judgment (August, 2018, Armstrong County, Pennsylvania)

Attorneys George Stewart and Kerri Shimborske-Abel obtained the dismissal of their clients from a serious personal injury suit where the plaintiff suffered a significant traumatic injury to his lower leg in a motorcycle-motor vehicle accident.  Plaintiff claimed that as he approached an intersection, that a co-defendant suddenly and without warning entered onto the highway directly […]

Zimmer Kunz News August 28, 2018

ZK News – World Squash Masters

In follow up to his March, 2018 participation in the US Squash Masters tournament held  in Philadelphia, George Stewart competed in the 2018 WSF World Masters Squash Championships  in the 60 plus age bracket. This event, hosted by the United States for the first time, ran  from July 29 – August 4, 2018  at the […]

Uncategorized July 23, 2018

Case Bulletin – Pennsylvania Superior Court Upholds Enforceability of an “Unlisted Resident Driver Exclusion”

In the September 2017 decision of Safe Auto Insurance Company v. Oriental-Guillermo, et al., the Superior Court of Pennsylvania upheld a trial court’s granting of a Motion for Summary Judgment finding that an automobile insurance carrier was not obligated to provide insurance coverage to a non-relative resident when the policyholder did not list her as […]

Pennsylvania Updates July 19, 2018

Case Bulletin – PA Superior Court Holds Foreign Corporations who Register to do Business in Pennsylvania can be Subject to General Personal Jurisdiction

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 […]

Zimmer Kunz Results July 18, 2018

ZK Results – Jury Trial Defense Verdict for Attorney John W. Zotter

On July 18, 2018, a Westmoreland County jury returned a defense verdict in favor of a Zimmer Kunz client represented by Shareholder, John W. Zotter.  The lawsuit arose out of an accident wherein the Plaintiff, a pedestrian, was struck by the front of the Defendant’s vehicle on South Maple Avenue in Greensburg, Pennsylvania.  Plaintiff sustained […]

Pennsylvania Updates June 11, 2018

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 […]

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