In the case of Bloxham v. Allstate Ins. Co., No. 3:19-CV-00481 (M.D. Pa. Nov. 16, 2020, Mehalchick, M.J.), Federal Magistrate District Court Judgment, Karoline Mehalchick, denied the carrier’s Motion for Summary Judgment in a breach of contract action arising out of a dispute under a homeowner’s insurance policy.  According to the Opinion, after the Plaintiff sustained an accidental fire loss to his home and personal property, the carrier denied payment under the insurance policy on…

Thinking through stacking issues can sometimes make your head hurt. In the case of Blizman v. Travelers, No. 3:19-CV-01539 (M.D. Pa. Dec. 1, 2020 Mehalchick, M.J.), the court denied a Motion to Dismiss filed by the carrier in an insurance coverage case in which stacking issues and the household exclusion was implicated. In this matter, the carrier sought to have the Plaintiff’s claims dismissed based upon the household exclusion and because the Plaintiffs had allegedly…

  In the case of Kelly v. Northampton County Area Comm. College, No. 965-CV-2019 (Monroe C.P. Nov. 5, 2020 Williamson, J.), the court granted summary judgment in a case where the Plaintiff alleged personal injuries from a slip and fall event following a snowstorm. According to the court’s Opinion, the Plaintiff was a student at the college.  After a snowstorm fell, classes were delayed the following day.  The Plaintiff was apparently not aware of the…

Now that the state and federal courts have shut down again in term of jury trials for the foreseeable future due to the pandemic, the ever-increasing backlogs in the various courts mean that it could be 12 to 18 months before you can have a settlement conference with a court. Please consider scheduling a Mediation with CUMMINS MEDIATION SERVICES in order to bring your case to a close sooner rather than later. As an added…

In the case of Conway v. N.E.P. Sno Trails, Inc., No. 15-CV-6543 (C.P. Lacka. Co. Dec. 4, 2020 Nealon, J.), the court granted a landowner’s Motion for Summary Judgment but denied a snowmobile club’s Motion for Summary Judgement in a case arising out of a snowmobile accident. According to the Opinion, this suit was filed by a Plaintiff snowmobile operator who was injured while traveling on a designated snowmobile trail when his snowmobile suddenly crashed…

  Here is a LINK to a complimentary copy of the 139 paged Tort Talk 2020 Civil Litigation Update booklet that I created for use at the recent Luzerne Bench Bar Conference as well as for my other year-end civil litigation update CLEs.  (The PBI sells its Civil Litigation Update Booklet for approximately $69.00!  The Tort Talk Civil Litigation Update Booklet is FREE.). The Tort Talk 2020 Civil Litigation Update was created from the Tort Talk posts pertaining to notable…