News & Publications

PA Update – Insurance Policy’s Household Exclusion Provision Enforceable Says Superior Court in Erie v. Colebank Opinion

The Pennsylvania Superior Court recently held in a non-precedential opinion that Household Exclusion provisions of motor vehicle insurance policies are enforceable in Pennsylvania, and that a Plaintiff who chose not to procure Under Insured Motorist (“UIM”) coverage for his own vehicle was not entitled to UIM coverage under his parent’s policy merely because he lived […]

PA Update – The Supreme Court of Pennsylvania holds that the Workers’ Compensation Act does not preclude the award of attorney fees to a claimant even if an employer establishes a reasonable basis for seeking a termination of benefits in Lorino v. Workers’ Comp. Appeal Bd. (Commonwealth), 266 A.3d 487 (Pa. 2021).

A PennDOT equipment operator suffered an injury on August 22, 2016.  The employer’s workers compensation carrier, InServco, accepted liability for a low back sprain/tear and a left hip sprain/tear pursuant to two medical only notices of compensation payable.  The employee did not miss any work because of his injury and did not receive indemnity benefits […]

PA Update – The Third Circuit Court of Appeals Rules that Inter-Policy Stacking Waivers Must Be Explicit to Be Enforceable Under Pennsylvania Law

The Third Circuit Court of Appeals affirmed entry of summary judgment in favor of an under-insured motorist plaintiff in a dispute involving inter-policy stacking. Donovan v. State Farm Mut. Auto. Ins. Co., 2022 U.S. App. LEXIS 4232, — A.3d — (3rd Cir. 2022). In that matter, the plaintiff was involved in a motorcycle accident and […]

PA Update – In an era of COVID-19, an employer’s willful and wanton disregard of their employee’s safety does not waive the Workers’ Compensation Act immunity from civil suit

In December 2021, the Eastern District of Pennsylvania addressed the issue of whether an employer’s willful or wanton disregard for an employee’s safety by deliberately exposing its employees to the COVID-19 virus was sufficient to overcome the exclusivity provisions of the Workers’ Compensation Act in Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. […]

PA Update – Superior Court of Pennsylvania Affirms Judgment in Favor of Employer-Social Host

In Klar v. Dairy Farmers of America, Inc., ___ A.3d ___, 2021 Pa. Super. LEXIS 729 (Pa. Super. Dec. 17, 2021), the Pennsylvania Superior Court held that a defendant-employer cannot be held liable under a Dram Shop-style action. The employer organized and encouraged its employees to participate in a pay-to-play golf outing at a public […]

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 […]