The Third Circuit Court of Appeals confirmed the standard upon which an insurer’s defense obligations are triggered under Pennsylvania law. This case confirms that courts applying Pennsylvania law will apply the four corners test to determine whether an
Recent News
No Extrinsic Evidence For You
Policyholder Not Entitled to Uninsured or Underinsured Motorist Coverage When Injured in Work Vehicle
Policyholder was driving a delivery truck for work when he swerved to avoid another vehicle. In doing so, he lost control of his truck and suffered injuries. The other vehicle fled the scene. Policyholder had a personal policy with Erie Insyrance at the time
Hills and Ridges Doctrine Prompts Dismissal of Suit
The Superior Court of Pennsylvania affirmed an entry of summary judgment in favor of defendant in a case steming from a patch of black ice on defendant's property which allegedly caused plaintiff to slip-and-fall and injure herself.
PA Court Dismisses Supermarket Slip & Fall Suit
The Pennsylvania Superior Court recently affirmed a trial court’s granting of summary judgment in favor of the defendant grocery store in a slip and fall case. For a detailed summary of the case of Barrios v.
Insufficient Evidence on Aisle 5
District Judge Baylson for the Eastern District of Pennsylvania granted Wal-Mart’s motion for summary judgment against plaintiff’s slip and fall claim. For a detailed summary of the case of Pace v.
To Be An Invitee Requires An Invitation
The Pennsylvania Superior Court recently affirmed a trial court’s defense verdict after a resident in a townhome community brought an action against the homeowners association after she tripped and fell on branches located on the steps to a common area.
Can a Homeowners Association Member Be Deemed an Invitee in the Common Areas of His/Her Own Community?
The plaintiff, a resident of the defendant homeowners’ association, brought suit to recover for injuries she sustained after she fell in a common area leading to her town home in a residential community managed by the defendant. The residential community in which she lived is a mixed town home/single family residence community. The plaintiff claimed that she could not see branches in the dark as she climbed the steps that evening. After two days of trial, the jury found that the defendant homeowners’ association was not negligent.
PA Supreme Court Redefines "Operation" for Vehicle Liability Exception to Governmental Immunity
The Supreme Court of Pennsylvania recently issued a decision that will make it easier to file a lawsuit against state government agencies involved in car accidents. The Court considered whether the involuntary movement of a vehicle constitutes an operation of a motor vehicle for purposes of the vehicle liability exception to governmental immunity under 42 Pa.C.S. § 8542(b)(1).
Third Circuit Encourages Insurers to Settle Claims and Incentivizes Licensees to Serve Alcohol Responsibly
The United States Court of Appeals for the Third Circuit recently filed a precedential decision holding an insurer is permitted to file an action for contribution against a licensee that allegedly serves a visibly intoxicated customer who causes injuries to a third-party.
The Only Exception (To a Policy Exclusion)
A Pennsylvania court held it is the insured’s burden to establish that an exception to an exclusion is applicable, thus, placing its claim within the coverage of an insurance policy. For a detailed summary of Jack Troki Dev. Co. v. Robert H.