May 20, 2020

Pennsylvania Superior Court Holds That Insurer Waived Defense by Not Specifically Referencing it in Reservation of Rights Letter

In its recent decision in the case of Selective Insurance Company v. MAK Services, Inc., 2020 PA Super 103, the Pennsylvania Superior Court reversed summary judgment in […]
May 1, 2020

Because of a Gun, It’s Covered?

The Pennsylvania Supreme Court recently held that there was coverage for a man shot while attempting to intervene in a murder-suicide. In 2013, Harold Eugene McCutcheon, […]
April 23, 2020

Use of Substituted Service on Evasive Defendants through Insurance Carriers to Tap New Sources of Damages Funds

Most jurisdictions provide for some form of substituted service of process on a Defendant when the traditional methods for service fail. In recent years, courts have […]
April 15, 2020

Intro to Understanding Motion Practice in PA, NJ and NY

Attorneys, claims representatives and/or insureds generally do not share the same understanding of motion practice in litigation. Most experienced insurance defense attorneys have such a thorough understanding […]
April 15, 2020

Contingent Business Interruptions due to COVID-19

Coverage attorneys are in general consensus; insurance payments for business interruption losses due to COVID-19 shutdowns will likely turn on whether the courts determine if the […]
April 15, 2020

Immunity for Private Entities Under State and County Contracts Administering Hydroxychloroquine Under the Prep Act

As many as 4,000 seriously ill coronavirus patients in New York are being treated with the anti-malarial drug hydroxychloroquine, state health officials say. President Trump has touted hydroxychloroquine as […]
April 8, 2020

New York Executive Order 202.10 and the Gross Negligence Standard in New York, New Jersey and Pennsylvania

On March 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202 declaring a state of emergency for the entire State of New York. On […]
April 6, 2020

COVID-19 Business Interruption Insurance Coverage Bills and New Regulatory Communications

In response to the staggering losses being suffered by businesses across the country due to their partial or total closures caused by the COVID-19 pandemic, some […]
April 1, 2020

No Need to Social Distance from Traditional Policy Exclusions & Policy Interpretation Case Law When Assessing Coverage for Coronavirus Related Claims

Insurers of every ilk will no doubt face an onslaught of claims involving COVID-19 related losses. As the floodgates begin to open, insurers should examine their policies […]
March 31, 2020

Civil Authority – Loss of Business Coverage

Especially for small businesses, these are uncertain times. Many employers may turn to their insurers to assist in the losses of business income. But without fortuity, […]
March 25, 2020

Business Income Loss: COVID-19 and Direct Physical Losses

States across the nation are ordering restrictions to hinder the spread of COVID-19 – such as limiting crowd size and closing a myriad of businesses. These […]
February 7, 2020

Jury Finds AIG Client’s Refusal to Settle Was Not a Wrongful Act

Opinion: A medical malpractice carrier’s refusal to settle in its $200,000 limit was not a “wrongful act” despite a $14 million verdict against a Texas insured, […]
November 4, 2019

PA Court Strikes Down Statutory Seven-Year Statue of Repose as Violative of State’s Constitution

The Pennsylvania Supreme Court has struck down the statutory seven-year statute of repose as violative of the state’s constitution. Justice Sallie Updike Mundy, in the majority […]
June 13, 2019

Florida Justices to Mull Insurer’s Ability to Sue Law Firm

The Florida Supreme Court will review and hear oral argument on a lower court’s decision denying the ability of an insurance carrier to file a legal […]
April 30, 2019

PA Permits Expert Testimony Outside Four Corners of Report With Notice

The Pennsylvania Superior Court recently affirmed that testimony outside the scope of a medical malpractice expert’s report was permissible where the opposing party was on notice […]
October 3, 2018

New Jersey Affidavit of Merit Changes

On September 1, 2018, New Jersey effectuated new Rules of Court including additions on the affidavit of merit requirement that jurists hope will alleviate frequent motion […]
August 15, 2018

Pennsylvania Superior Court Extends Statute of Limitations in Medical Malpractice Actions

Pennsylvania Superior Court Extends Statute of Limitations in Medical Malpractice Actions, Holding that a Plaintiff has Two Years from the Death of Loved One to Bring […]
October 28, 2015

Pennsylvania Court Refuses to Recognize a Civil Cause of Action for Data Breach Claims

June 2015. Feel free to direct questions or comments to Patrick Healey. Judge R. Stanton Wettick, Jr. of the Allegheny County Court of Common Pleas recently […]