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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
Newsletters
General
Personal Injury
Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
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.
Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
The decision of the majority (Judges Ford-Elliott and Allen) determines that under the facts and circumstances of the case 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 discrtetion. Frank Murphy wrote the Amicus for PaAJ and Gunn is represented by PaAJ members Cindy Danel and Ken Nolan.
Thanks to Attorney Scott Cooper for this information.
District Court Holds That Estate Underinsured Motorist Claim Barred Due To State Of Maine Law
The Estate pursued the UIM claim in Pennsylvania against Allstate and was providing a full credit for the full $1,250,000. The District Court decision by Judge O'Neill holds that Allstate is not required to make any UIM payment because the application of the statutory cap in Maine precluded the UIM claim. He finds that the Pennsylvania Supreme Court decision in Cipolla v. Shaposka, 267 A.2d 854 (Pa. 1970) is controlling and on point. He distinguishes the Willett situation from the Pennsylvania Supreme Court decision in Kmonk-Sullivan v. State Farm Mutual Auto. Ins. Co., 788 A.2d 955 (Pa. 2001) because he writes that the Kmonk case (1) involved Pennsylvania accidents and not one from another state, (2) no party argued another state law was applicable, (3) there was no choice of law issue in Kmonk and (4) the Court in Kmonk did not cite, discuss or overrule Cipolla.
Thanks again to Attorney Scott Cooper for providing this information.
Pa. Super. Rules Insured Bears Burden To Show Rejection Form Is Forgery
Attached is a copy of the Pennsylvania Superior Court decision today in Toth v. Donegal Companies. This case deals with a rejection of underinsured motorist coverage where the rejection form was signed by the spouse of the first named insured. The trial court held that the form must be signed by the first named insured and, since it was not, the form was void. The Superior Court relies upon Jackson v. Allstate Insurance Co., 441 F.Supp.2d 728 (E.D. Pa. 2006) where the District Court found that the insured failed to prove her signature on a rejection form was a forgery.
The trial court is reversed and the Superior Court holds "where a signature appears on the UIM rejection form purporting to be that of the first named insured, the insurer has complied with the statute resulting in a facially valid rejection form.
The burden would then shift to the insured to prove that his or her signature was affixed to the rejection form without knowledge or authorization." Toth now needs to show that her signature was a forgery, placed there without her knowledge or consent, and that she did not willingly waive UIM coverage or the rejection form remains valid.
Road Risks Rise as More Drivers Drop Insurance
From The Wall Street Journal:Higher Premiums, Joblessness Contribute to Alarming Trend; What to Do When You're Hit
"More drivers are letting their car insurance lapse because of the sour economy, putting themselves and others at risk. Several hundred thousand drivers dropped their insurance in the past year as the jobless rate climbed, estimates a study to be released next month by the Insurance Research Council, an industry-funded group. Online agency Insurance.com says it also is seeing evidence recently of more uninsured motorists. It says that as many as 40% of callers following up on online applications had let their previous policies lapse, up from less than 10% a couple years ago."
"The trend is bad news for everybody on the road. If you're hit by an uninsured motorist, you may have to sue to recover costs, and many uninsured motorists have few assets. You can protect yourself by carrying uninsured-motorist coverage -- almost half of states require the added coverage -- but this may boost your premium."
This article points out the importance of buying the best coverage for your vehicle that's possible. This means that you should purchase underinsurance and uninsurance. Because so many drivers have no or limited insurance, buying extra coverage only protects you and your family.
To learn more about Underinsurance and Uninsurance, click here and here and here.
New case law on Pennsylvania Underinsurance Litigation
The Pennsylvania Supreme Court recently decided the case of Nationwide v. Schneider where the Court affirms the en banc decision of the Superior Court and holds that you are not required to fully exhaust the first level of UIM before you pursue the second level UIM. This is a big win for plaintiffs.
Court Holds No Underinsured Motorist Coverage Under Antique/Classic Car Policy Unless Actually Occupying It
Benner's Estate argued that under Quinney v. American Modern Home Insurance Company, 145 F.Supp.2d 603 (M.D. Pa. 2001) she was entitled to coverage as a family member/insured and did not need to be occupying the vehicle to qualify for coverage. However, the District Court observes that the policy language in Quinney is not the same as the language in Benner's policy. In Quinney the policy language stated that the coverage was provided to an insured/family member without the actual occupying requirement but in the Benner policy the family member/insured had to be occupying. Thus, since she was not occupying the antique/classic vehicle at the time of the accident, the Estate could not recover.
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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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