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Case

Gallagher v. GEICO

37 published works

  1. Tort Talk

    ARTICLE: Pa. Supreme Court Completes U-Turn on Validity of Household Exclusion

    By Daniel Cummins

    Below is a copy of my recent article which was published in the March 30, 2023 edition of the Pennsylvania Law Weekly and which is republished here with permission: Pa. Supreme…

  2. Tort Talk

    Pennsylvania Supreme Court Now Says That Household Exclusions Can Be Valid and Enforceable

    By Daniel Cummins

    In the case of Erie Ins. Exchange v. Mione, No. 89 MAP 2021 (Pa. Feb. 15, 2023) (Op. by Wech, J.), the court addressed the enforceability of two (2) household…

  3. Tort Talk

    Third Circuit Applies Gallagher v. GEICO Household Exclusion Decision as a Matter of Course

    By Daniel Cummins

    In the case of National General Insurance Company v. Sheldon, No. 20-3222 (3rd Cir. July 14, 2021 [Not Precedential], the Third Circuit Court of Appeals affirmed a district court’s decision…

  4. Tort Talk

    Pennsylvania Superior Court Again Confirms that the Household Exclusion Remains a Viable Exclusion Under Facts Distinguishable From Gallagher Decision (Non-Precedential)

    By Daniel Cummins

    In an important decision that it, for some inexplicable reason, was marked as “Non-Precedential,” the Pennsylvania Superior Court again confirmed that the effort by the Pennsylvania Supreme Court in the…

  5. Tort Talk

    Court Upholds Regular Use Exclusion and Rejects Extension of Gallagher v. Geico Argument

    By Daniel Cummins

    In the case of Shepherd v. Talotta, No. 2:20-CV-01046-CFK (E.D. Pa. April 22, 2021 Kenney, J.), the court upheld a regular use exclusion and, in the process, rejected the Plaintiff’s…

  6. Tort Talk

    Validity of Household Exclusion Upheld in Third Circuit Court of Appeals Decision (Non-Precedential)

    By Daniel Cummins

    In a non-precedential decision that goes against the effort of the Pennsylvania Supreme Court in Gallagher v. GEICO across the board, the Third Circuit Court of Appeals issued a decision…

  7. Tort Talk

    Pennsylvania Superior Court Panel Rejects Pennsylvania Supreme Court’s Attempt to Eradicate the Household Exclusion Across the Board

    By Daniel Cummins

    Tort Talkers may recall that the non-precedential decision by the Pennsylvania Superior Court in the case of Erie Ins. Exch. v. King was recently summarized here on Tort Talk.That King decision, in…

  8. Tort Talk

    A Pennsylvania Superior Court Panel Applies the Household Exclusion Despite Gallagher v. GEICO

    By Daniel Cummins

    An apparent split of authority has developed within the Pennsylvania Superior Court on whether the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO serves to eradicate the Household Exclusion across…

  9. Tort Talk

    Panel of Pennsylvania Superior Court Judges Gives Gallagher v. GEICO Wide Effect

    By Daniel Cummins

    Stacking Cars and BikesThe debate on the effect of the Pennsylvania Supreme Court's decision in Gallagher v. GEICO, 201 A.3d 131 (Pa. 2019), continues on.This question was most recently addressed…

  10. Tort Talk

    Northampton County Judge Rejects Household Exclusion And Allows for Stacked Coverage

    By Daniel Cummins

    There continues to be a split of authority in the state and federal courts on whether the Pennsylvania Supreme Court's decision in the Gallagher v. GEICO case serves to eradicate the…