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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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Vehicle and Automobile Accidents
New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage
On July 10, 2008, the District Court for the Middle District of Pennsylvania (Judge Vanaskie) granted the insureds motion for summary judgment and set aside an alleged sign down of underinsured motorist coverage in The Brethren Mutual Ins. Co. v. Triboski-Gray. The insurance company argued that a sign down from $250,000 in bodily injury (BI) coverage to $35,000 in underinsured motorist (UIM) coverage was valid because the insured signed the bottom of a 2 page application for coverage. Relying upon the Pennsylvania Supreme Court decision in Lewis v. Erie, 793 A.2d 143 (Pa. 2002) and Pennsylvania Superior Court decision in Motorists v. Emig, 664 A.2d 559 (Pa. Super. 1995), the Court holds that the insureds "signature on an application completed by the insurance company's agent does not constitute a written request for UM/UIM coverage limits below the coverage requested for bodily injury."
In this case, there was none of the insureds initials next to the UM/UIM coverage designations on the application as in some other cases. Thus, there was no "written request" according to the court. The Court enforced the insurance policy and nullifies the lower UM/UIM coverage limits, thus deeming the UM/UIM coverage equal to the bodily injury limits. The coverage for UM/UIM is now $250,000.
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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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