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The Insurance Exclusion Twilight Zone

You’re a pizza delivery person, delivering pepperonis in your personal vehicle. You glance down to check a text (huge mistake) when suddenly, you clip the back heel of a jogger crossing at a crosswalk. You have just entered a fifth dimension, a bizarre, unexplainable dimension not only of sight and sound but of mind; a journey into a wondrous land whose boundaries are that of imagination.

DON’T EXCLUDE THESE ARGUMENTS – PART TWO

First, the good news.

In Erie Insurance Exchange v. Petrie 1 , the trial court granted Erie’s motion forjudgment on the pleadings, holding there was no right to inter-policy stacking. Neitherpolicy had stacked coverage. Foremost Insurance covered the host vehicle and paid UIM.Erie insured the plaintiff’s other vehicles and denied coverage, stating there was no rightto inter-policy…

DON’T EXCLUDE THESE ARGUMENTS – PART ONE

We all know the sinking feeling of receiving a letter from an insurer disclaiming coverage based on a policy exclusion. This article addresses how to fight back against two of the biggest culprits: the household exclusion and the regular use exclusion. This article will focus on the client who is riding in a vehicle (the “host vehicle”) and seeks UM/UIM coverage from a household policy.

Qualified Immunity For Police

Accountability for police officers has drawn special scrutiny after last summer’s protests. Negotiations in Congress over a sweeping police reform bill in honor of George Floyd are now stalled over whether to eliminate qualified immunity. H.R.7120 – 116th Congress (2019-2020): George Floyd Justice in Policing Act of 2020 | Congress.gov | Library of Congress

Qualified immunity provides…

Don’t Exclude These Arguments – Part 2

Gallagher has opened a new line of attack against both household and regular use exclusions. Our goal as trial lawyers is to extend Gallagher to new sets of facts.

Let’s consider a teen driver who lives with her parents. The excited teen gets her first car, but her parents, unexcitedly, decide not to put her car on their policy. She purchases a bare minimum policy and rejects UM/UIM. After…

Don’t Exclude These Arguments

We all know the sinking feeling of receiving a letter from an insurer disclaiming coverage based on a policy exclusion. This article addresses how to fight back against two of the biggest culprits, the household exclusion and the regular use exclusion. We focus on the client who is riding in a vehicle (the “host vehicle”) and seeks UM/UIM coverage from a household policy. It’s…

The Insurance Exclusion Twilight Zone

You’re a pizza delivery person, delivering pepperonis in your personal vehicle. You glance down to check a text (huge mistake) when suddenly, you clip the back heel of a jogger crossing at a crosswalk. You have just entered a fifth dimension, a bizarre, unexplainable dimension not only of sight and sound but of mind; a journey into a wondrous land whose boundaries are that of imagination.

Suing Over COVID-19

Politicians debate granting legal immunity to businesses where COVID-19 spreads. In the absence of statutory immunity, a business is liable for damages it causes through its negligence. That is a very low standard of care. It means if there is carelessness, there is liability. Certainly, if the business owner knowingly allows an infected person to come back to work, and that person infects…

Real Property Exception Gets a Boost

Real Property Exception Gets a Boost

The Pennsylvania Supreme Court, in Brewington v. City of Philadelphia, clarified and gave a boost to the real property exception to governmental immunity. The Court upheld the Commonwealth Court’s reversal of a grant of summary judgment in a case involving the absence of padding in a school gymnasium. A student ran into the wall during a relay rac…

Supreme Court Expands LGBTQ Rights

You may be wondering why Neil Gorsuch, a Conservative Supreme Court justice, wrote the majority opinion in this week’s landmark ruling for LGBTQ rights. The Supreme Court has rules that dictate which justice writes for the majority. The most senior justice voting in the majority makes the assignment, and can assign the responsibility to him- or herself. If the chief justice (Justice Roberts)…

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