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Judge Terrence R. Nealon of Lackawanna County Addresses Proper Arguments on Preliminary Objections to Joinder Complaints

By Daniel Cummins on October 11, 2019

In the case of Diaz-Martinez v. Maid Rite, No. 17-CV-577 (C.P. Lacka. Co. Sept. 17, 2019 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed Preliminary Objections to a joinder of Additional Defendants in a products liability action. According to the Opinion, the Defendant manufacturers in this products liability action secured prior leave of court to file a late Joinder Complaint which joined and asserted indemnification and contribution claims…

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Regular Use Exclusion in Automobile Insurance Policies Under Attack

By Daniel Cummins on October 9, 2019

In the case of Rush v. Erie Insurance Exchange, No. C-48-CV-2019-1979 (C.P. Northampt. Co. Oct. 1, 2019 Baratta, J.), the court denied a Motion for Judgment on the Pleadings filed by the carrier with respect to a Regular Use Exclusion issue. According to the Opinion, a police officer Plaintiff was injured in the course and scope of his employment and recovered the liability coverage from the tortfeasor and the UIM coverage under the policy that…

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ONE WEEK FROM TODAY: Lackawanna Pro Bono Fundraising Gala

By Daniel Cummins on October 9, 2019

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Motion to Bifurcate Post-Koken Trial Denied in Luzerne County

By Daniel Cummins on October 8, 2019

In the Post-Koken case of Pena v. Van Blargen and State Farm, No. 10185-CV-2016 (C.P. Luz. Co. Oct. 1, 2019 Gartley, J.), Judge Tina Polachek Gartley of the Luzerne County Court of Common Pleas denied a tortfeasor Defendant’s Motion to Bifurcate the Trial of third party negligence claims from the breach of contract and bad faith claims asserted against the UIM carrier. The Court’s Order only without Opinion can be viewed HERE. …

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Demurrer Denied in Dog Bite Case

By Daniel Cummins on October 7, 2019

In the case of Roegner v. Steezar, No. 2019-CV-929 (C.P. Lacka. Co. Sept. 6, 2019 Nealon, J.), the court addressed Preliminary Objections filed by a dog owner in a dog bite case in which the Defendant filed a demurrer seeking to dismiss the action on the grounds that the allegations of the Complaint were legally insufficient to state a claim of negligence against the dog owner. According to the Opinion, the Plaintiffs were the guests…

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Judgment in Favor of Carrier on Bad Faith Claim Affirmed

By Daniel Cummins on October 3, 2019

In the non-precedential decision of the Pennsylvania Superior Court in the case of Lewis v. Erie Insurance Exchange, 2115 EDA 2018 (Pa. Super. Aug. 21, 2019), the Court affirmed a trial court’s dismissal of a bad faith claim relative to the purchase of automobile insurance coverage. In one issue of note, the Superior Court affirmed the trial court’s ruling that precluded the Plaintiff from utilizing an insurance agent as an expert at trial. The Opinion…

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Pennsylvania Supreme Court Reaffirms General-Verdict Rule For Personal Injury Matters on Appeal

By Daniel Cummins on October 2, 2019

In the case of Shiflett v. Lehigh Valley Health, No. 43 MAP 2018 (Pa. Sept. 26, 2019) (Op. by Donohue, J.), the Pennsylvania Supreme Court ruled that the Superior court erred in remanding a medical malpractice case for a new trial on damages when that decision by the Superior Court went against the “general-verdict rule” previously adopted by the Pennsylvania Supreme Court. According to the Opinion, the Plaintiffs pursued this medical malpractice action in connection…

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Pennsylvania Supreme Court Rules That New Stacking Waiver Required Whenever UM/UIM Coverage Increased on Policy

By Daniel Cummins on October 2, 2019

In its recent decision in the case of Barnard v. Traveler’s Home, No. 42 EAP 2018 (Pa. Sept. 26, 2019 Wecht, J.)(Saylor, C.J., Dissenting), the Pennsylvania Supreme Court ruled that new stacking waivers are required whenever an insured increases the UM or UIM coverage on an existing policy. Since the carrier did not secure a new waiver of stacking form from the insured in this case, the insured was entitled to receive stacked UIM coverage…

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Limitation of Actions Provision in Contract Upheld in Products Liability Case

By Daniel Cummins on October 2, 2019

In the case of Stuebe v. S.S. Industries, LLC., No. 2:18-cv-04035 (E.D. Pa. Aug. 26, 2019 Jones, J.), the court granted summary judgment in a product liability case holding that a suit initiating clause in a contract between the plaintiff and the defendant that required that any suit be brought within 90 days was enforceable and not unconscionable. The court noted that, under Pennsylvania law, parties to a contract may shorten an applicable statute of…

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Pennsylvania Supreme Court Holds That a New Waiver of Stacking Form Required When UIM Limits Increased

By Daniel Cummins on September 30, 2019

In the case of Barnard v. Traveler’s Home, No. 42 EAP 2018 (Pa. Sept. 26, 2019 Wecht, J.)(Saylor, C.J., Dissenting), the Pennsylvania Supreme Court addressed a question that had been certified to it by the United States Court of Appeals for the Third Circuit on the issue of whether an increase of the limits for underinsured motorist coverage for multiple vehicles that are insured under an existing insurance policy constituted a “purchase” for purposes of…

Foley, Comerford & Cummins

Foley, Comerford & Cummins Blogs

Blog Authors

Judge Terrence R. Nealon of Lackawanna County Addresses Proper Arguments on Preliminary Objections to Joinder Complaints

Regular Use Exclusion in Automobile Insurance Policies Under Attack

ONE WEEK FROM TODAY: Lackawanna Pro Bono Fundraising Gala

Motion to Bifurcate Post-Koken Trial Denied in Luzerne County

Demurrer Denied in Dog Bite Case

Judgment in Favor of Carrier on Bad Faith Claim Affirmed

Pennsylvania Supreme Court Reaffirms General-Verdict Rule For Personal Injury Matters on Appeal

Pennsylvania Supreme Court Rules That New Stacking Waiver Required Whenever UM/UIM Coverage Increased on Policy

Limitation of Actions Provision in Contract Upheld in Products Liability Case

Pennsylvania Supreme Court Holds That a New Waiver of Stacking Form Required When UIM Limits Increased

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