Insights 25 - McCormick & Priore

Navigating the New Waters of Joint and Several Liability

Amelia Michael May 10, 2023 No Comments

Prior to 2011, Pennsylvania common law recognized the concept of “joint and several liability,” which held that all codefendants are jointly and severally liable for the entirety of the verdict…

Glen Shikunov to Argue “Regular Use Exclusion” Case Before the Pennsylvania Supreme Court

Amelia Michael April 27, 2023 1 Comment

The “regular use exclusion” is commonly included in all Pennsylvania auto insurance policies as a method to preclude benefits while operating vehicles an insured regularly uses or has access to…

Hot Potato: The Requirement to Add (or Remove) a Vehicle

Amelia Michael April 21, 2023 No Comments

On April 19, 2023, the Pennsylvania Supreme Court clarified the need for UM/UIM stacking waivers after the removal of a vehicle in Franks v. State Farm Mutual Automobile Insurance Company,…

Court Rejects Household Exclusion Enforceability in Novel Stacking Scenario

Amelia Michael April 19, 2023 No Comments

In a recent decision in Mid-Century Insurance Company v. Werley, No. 21-5592, 2023 WL 2727575 (April 30, 2023), Judge Edward G. Smith of the Eastern District of Pennsylvania examined the…

(Failure to) Report of Hit-and-Run to Police a Factual Issue in First Party Claim

Amelia Michael March 8, 2023 No Comments

In a recent decision, the Eastern District Court of Pennsylvania clarified the requirements of reporting a hit-and-run claim to the uninsured motorist benefits insurance carrier. Smart v. Allstate Insurance Co.,…

Glen Shikunov Secures Supreme Court Decision Affirming UM/UIM Household Exclusion

Amelia Michael February 16, 2023 No Comments

Since the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO Indem. Co., 201. A.3d 131 (Pa. 2019), voluminous litigations ensued concerning whether the “household exclusion” contained in nearly all Pennsylvania…

Like Knights for Their Vassals of Olde, Employers Must Protect Their Employees

Amelia Michael January 30, 2023 No Comments

[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] On January 4, 2023, in Shellenberger v. Kreider Farms et al., 2023 Pa Super 1 (Jan. 4, 2023), the Superior Court of Pennsylvania…

En Banc Superior Court Grants Review to Determine Manifestation of Assent to Arbitration in the Digital Age

Amelia Michael January 26, 2023 No Comments

In an October 12, 2022 decision in Chilutti v. Uber Technologies, Inc., et. al., No. 1023 EDA 2021, 2022 PA Super 172 (Pa. Super. 2022), the Superior Court of Pennsylvania…

In a case of First Impression, the Pennsylvania Superior Court Applies UM/UIM “Coordination of Benefits” Provision to Cap Recovery Across Multiple Household Policies

Amelia Michael January 19, 2023 No Comments

In a recent decision in Erie Ins. Exch. v. Backmeier, 2022 PA Super 221 (Dec. 28, 2022)(approved for publication, no citation yet available), the Superior Court of Pennsylvania considered as…

The United States District Court for the Western District of Pennsylvania Clarifies UIM Credit in Multiple Tortfeasor Situations

Amelia Michael January 10, 2023 No Comments

In a recent decision in State Farm Automobile Insurance Company v. Griffiths, No.20-202, 2022 WL 3618663 (August 23, 2022), the United States District Court for the Western District of Pennsylvania…

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