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Personal Injury
- New York state man recovers $200K for fingers lost to lawn mower
- Eight Powerful Reasons to Hire a Local Attorney
- Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
- Wal-Mart Limits Subrogation Rights Against Workers
- Pennsylvania Worker recovers for fall from ladder bought at Home Depot
Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Workers' Compensation
- New York Times article on biased "Independant" Medical Examiners
- No Work Jobs
- Prison Guard receives settlement in MRSA case
- New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
Vehicle and Automobile Accidents
- Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
- An unsafe intersection in Athens Township?
- Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
- Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
- People injured in Springfield Township, Bradford County automobile crash
General
- Insurance company denials of benefits in Pennsylvania and New York
- CALL YOUR MEMBER OF CONGRESS AND URGE SUPPORT FOR THE ARBITRATION FAIRNESS ACT OF 2009
- Another ATV Death
- Bradford County, Pennsylvania has a new website
- No conflict of interest between Bradford County, Pennsylvania's new Judge and new District Attorney, despite them cousins
Legal News
Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Legal Library
Personal Injury
- Questions for Your Doctor In Personal Injury Cases
- Traumatic Brain Injury: By The [Staggering] Numbers
- What is an Independent Medical Examination?
- Common Questions About the Legal Process
- The Wrongful Death Of A Child - Part Two
Premises Liability: The Slip and Fall
- Cracked, Broken or Irregular Sidewalks Causing a Fall
- Dog Bites
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- New Pennsylvania Superior Court Case on Dog Attack
- Lead Poisoning Threatens Pregnant Women
Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Vehicle and Automobile Accidents
- Reducing The Impact of A Whiplash Injury
- Car Accident Injuries: Neck Pain
- Multi-Truck Accident in Susquehanna County Results in Hospitalization
- Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
- Driver Strikes Mother and Daughter in School Crossing Zone
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Personal Injury
Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
In Amitia v. Nationwide Mut. Ins. Co., No. 3:08cv335 (M.D. Pa. Jan. 15, 2009), Judge Munley from the Middle District of Pennsylvania Denied Nationwide's Motions to Dismiss Claims that allege violations of the Unfair Trade Practices and Consumer Protection Law (UTPCPL) and Breach of Contract in a case arising out of an underinsured motorist claim after a July 3, 2002 car accident.
First, the Nationwide Motion for Dismiss the UTPCPL count is denied because Amitia alleged more than a mere breach of a contractual duty by alleging Nationwide failed to evaluate the claim promptly, objectively and fairly. Also, Amitia alleges Nationwide conducted an unfair, unreasonable and dilatory investigation. Therefore, he finds that their have been allegations more than the simple alleged refusal to pay which could warrant recovery under the UTPCPL.
Second, he denies a Motion to Dismiss a claim for breach of contract. Nationwide argued that since the underinsured motorist claim was paid that it could not be responsible for breach of contract. The opinion notes that the damages sought in the case because of the breach are different than damages for the underinsured motorist benefits. The claims allege emotional distress because of Nationwide's breach. Thus, this is not the same as damages for the breach of not paying UIM benefits and the Court finds that "it would be inappropriate at this time to dismiss the breach of contract cause of action as it seeks recovery for emotional distress, which may be recoverable."
Thanks to Scott B. Cooper, Esquire for this information.
Vehicle and Automobile Accidents
Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
Here is the now published opinion in Gunn v. The Automobile insurance Company of Hartford where a 3 judge panel of the Pennsylvania Superior Court, in a 2-1 decision, quashed the appeal of an underinsured motorist carrier in a case where the trial court decision by Judge Wettick in Allegheny County allowed an underinsured motorist claim (UIM) and bad faith claim under Section 8371 to proceed simultaneously.The decision of the majority, written by Judge Allen and joined by P.J. Ford-Elliott, finds that the trial court decision was not an appealable order under Pennsylvania Rule of Appellate Procedure 313. Judge Lally-Green dissents and would find that the decision of the trial court was appealable and would reverse the trial court decision as abusing its discretion.
Of note, the case was originally a memorandum decision and no motion to publish was filed. The court docket indicates that the decision to withdraw the opinion and publish was made "after recommendation" and was thus published sua sponte.
Thanks again to Attorney Scott Cooper for this information.
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FAQs
Personal Injury
- How long is all this going to take?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- What is my case worth?
- What factors determine who is at fault in a car accident?
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
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