Pennsylvania Indemnity Law

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the dam... More...

$0 (02-02-2018 - PA)
Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al.

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives feder... More...

$0 (09-25-2017 - PA)
Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 ("CAFA”). Erie Insurance Exchange ("Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. ("Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fe... More...

$0 (06-28-2013 - PA)
Pacific Employers Insurance Company v. Global Reinsurance Corporation of America

In 1980 Pacific Employers Insurance Company (―PEIC‖) purchased a certificate of reinsurance (the ―Certificate‖) from Constitution Reinsurance Corporation (―Constitution‖), the predecessor of Global Reinsurance Corporation of America (―Global‖). In this case, one sentence from that Certificate stands in the spotlight. That sentence reads, â�... More...

$0 (09-11-2012 - PA)
Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post ("Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company ("Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now... More...

$0 (07-31-2012 - PA)
Charles Spence v. The ESAB Group, INc.

This appeal calls upon us to determine whether Pennsylvania law imposes upon a shipper a duty of due care to safely secure the goods the shipper has loaded in a third-party carrier's tractor-trailer. The District Court, concluding that Pennsylvania law did not impose such a duty, awarded summary judgment in favor of the shipper, The ESAB Group, Inc. ("ESAB”), and against the carrier's injure... More...

$0 (10-18-2010 - PA)
American and Foreign Insurance Company v. Jerry's Sport Center, Inc.

The issue in this case is whether, following a court's declaration that an insurer had no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The trial court held that the insurer was entitled to reimbursement, while the Superior Court held that it was not. For the following reasons, we affirm, holding ... More...

$0 (08-17-2010 - PA)
John C. Balshy v. Pennsylvania State Police and Office of General Counsel

In these consolidated appeals, former Pennsylvania State Police (PSP) Corporal John C. Balshy (Balshy) and former PSP Chemist Janice Roadcap (Roadcap) petition for review from an order of the Office of General Counsel (OGC) that denied their requests for indemnification and reimbursement of legal fees and costs associated with their defense in an underlying federal suit filed against them by Steve... More...

$0 (02-09-2010 - PA)
Frank Nardo v. City of Philadelphia

Appellant, Frank Nardo (Nardo) sued the City of Philadelphia, (City) for back injuries he sustained while working at a City owned golf course, while he was digging in a flower bed. At the time of Nardo's injury, Nardo was employed by the then current management company which operated and maintained the various golf courses owned by the City. Nardo filed suit for damages for personal injuries in th... More...

$0 (01-08-2010 - PA)
Richard DeWeese v. National Railroad Passenger Corporation (AMTRAK)

The Southeastern Pennsylvania Transportation Authority ("SEPTA”) appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment to the National Railroad Passenger Corporation ("Amtrak”) on its cross-claim against SEPTA. The District Court determined that SEPTA's state-law sovereign immunity defense is preempted by Amtrak's f... More...

$0 (12-23-2009 - PA)
Max C. Maloney v. Valley Medical Facilities, Inc.

Appellee commenced the present medical malpractice action grounded on an asserted failure to timely diagnose and treat osteosarcoma in his wife, Linda Maloney. He alleged, among other things, medical negligence on the part of Appellant Maurice Prendergast, M.D. (an internist) and Richard E. Brennan, M.D. (a radiologist), as well as vicarious liability on the part of institutional defendants associ... More...

$0 (11-25-2009 - PA)
Nationwide Mutual Fire Insurance Company v. George V. Hamilton, Inc.

Nationwide Mutual Fire Insurance Company ("Nationwide”)1 appeals the order of the United States District Court for the Western District of Pennsylvania granting appellee George V. Hamilton, Inc. ("Hamilton”) summary judgment and dismissing Nationwide's motion to compel arbitration.<br> <br> Nationwide challenges the District Court's determination that it was collaterally estopped from ... More...

$0 (07-06-2009 - PA)
Astenjohnson, Inc. v. Columbia Casualty Company; American Insurance Company

Appellant AstenJohnson, Inc. ("Asten”), manufactured asbestos dryer felts and other materials used in the paper industry. Appellees Columbia Casualty Company ("Columbia”) and American Insurance Company ("American”) issued $52 million of comprehensive liability insurance to Asten in 1981 and 1982. These policies contained an exclusion from coverage for any claim alleging "an expos... More...

$0 (04-03-2009 - PA)
Anders Ellis Bjorgung v. Whitetail Resort, LP, Whitetail Ski Company, Inc. and U.S. Ski and Snowboard Association

In this appeal, we review issues arising from a series of summary judgment motions filed in a personal injury action. First, we will address whether the District Court erred in denying the plaintiff's request for leave to amend his complaint, a decision that resulted in one grant of summary judgment to the defendants. Next, we will address plaintiff's challenge to the grant of summary judgment to ... More...

$0 (12-21-2008 - PA)
The Law Office of Douglas T. Harris and Douglas T. Harris, Esq. v. Philadelphia Waterfront Partners, LP and charles L. Kamps III and Scott A. Blow and Patrick T. Hamley and Todd Kamps

¶ 1 At 2872 EDA 2007, Philadelphia Waterfront Partners, LP (PWP), Charles L. Kamps III, Scott A. Blow, Patrick T. Hanley, and Todd Kamps appeal from the October 22, 2007, Order granting The Law Office of Douglas T. Harris, Esquire and Douglas T. Harris, Esquire's motion to compel and directing production of aforementioned appellants' Blow and Hanley's broken computers for discovery. At 2873 EDA 2... More...

$0 (09-22-2008 - PA)
Lisa Dillon v. Homeowner's Select, Affinity Insurance Services, Inc.

¶ 1 In a case of first impression, we address whether Appellant Lisa Dillon ("Dillon”) may assert a cause of action for money damages against a private employer for gender-based discrimination under the Equal Rights Amendment of the Pennsylvania Constitution. Pa. Const., art. I, § 28. We conclude that there is no private right of action for damages against a private employer under the Eq... More...

$0 (09-29-2008 - PA)
Soverign Bank v. BJ's Wholesale Club, Inc.; Fifth Third Bancorp

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer's computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.<br><br>I. BACKGROUND These consolidated appeals involve two law suits that arose from the ... More...

$0 (08-04-2008 - PA)
People Against Police Violence v. City of Pittsburgh

In this appeal we review a District Court's order awarding attorneys' fees to plaintiffs pursuant to 42 U.S.C. § 1988(b). Plaintiffs brought this lawsuit to challenge the constitutionality of the City of Pittsburgh's ("City's") ordinance regulating expressive activities in public forums. Plaintiffs' complaint sought declaratory and permanent injunctive relief; plaintiffs also filed a motion... More...

$0 (03-23-2008 - PA)
<a href="http://www.courts.state.pa.us/OpPosting/Superior/out/a26030_07.pdf" target="_new">Integrated Project v. HMS Interiors</a>

<P> 1 Integrated Project Services ("General Contractor") appeals from the June 13, 2005 order that granted the motion for judgment on the pleadings filed by HMS Interiors, Inc. ("Subcontractor"), on the basis that Subcontractor was not contractually obligated to indemnify General Contractor for liability incurred after Subcontractor's employee, Joseph Lloyd, sustained injuries on the constr... More...

$0 (08-16-2007 - PA)
<a href="http://www.courts.state.pa.us/OpPosting/Superior/out/A30012_06.pdf" target="_new">Laila Snead v. Society for the Prevention of Cruelty to Animals of Pennsylvania</a>

<P>This matter involves cross-appeals following a jury trial in which defendant, Society for the Prevention of Cruelty to Animals of Pennsylvania ("SPCA"), was found liable for euthanizing the dogs belonging to plaintiff, Laila Snead ("Snead"). The jury awarded Snead $154,926.37, including $100,000 in punitive damages. We affirm the judgment in part, reverse in part, and remand for further p... More...

$154926 (07-17-2007 - PA)
<a href="http://www.ca3.uscourts.gov/opinions/021316.pdf" target="_new">Brayman Construction Corporation v. Home Insurance Company, Zurich North America Insurance Company</a>

This case requires us to decide whether a dispute between an insurance company and its insured must be arbitrated. In light of the strong federal policy favoring arbitration, we hold that the dispute is arbitrable and therefore reverse the District Court&#8217;s decision. <P> I. Background <P>Plaintiff Brayman Construction Corp. ("Brayman") purchased a workers&#8217; compensation insurance ... More...

$0 (02-18-2003 - PA)
<a href="http://www.superior.court.state.pa.us/opinions/a29037_02.pdf" target="_new">Dannetta Pressley, etc. v. The Travelers Property and Casualty Coporation, et al.</a>

Appellants, Wayne D. Evans Insurance Agency (hereinafter &#8220;Evans Agency&#8221;), Glenn Evans, an individual (hereinafter &#8220;Evans&#8221;), and Travelers Property Casualty Corporation (hereinafter &#8220;Travelers&#8221;), appeal the Order entered October 17, 2001, in favor of Appellees, Dannette Pressley, Administratrix of the Estate of Mary Frances Brown, deceased, Dannette Pressley... More...

$0 (02-13-2003 - PA)
<a href="http://www.ca3.uscourts.gov/opinions/013316.pdf" target="_new">Joseph Lawson, et al. v. Fortis Insurance Company</a>

Minor child Elena Lawson ("Elena") was covered under a health insurance policy that her father bought from Defendant, Fortis Insurance Company. Two days prior to the effective date of the policy, Elena went to the emergency room for treatment of what was initially diagnosed as a respiratory tract infection, but which was discovered to be leukemia one week later, after the effecti... More...

$0 (08-23-2002 - PA)
<a href="http://www.courts.state.pa.us/opposting/superior/out/a35015_01.pdf" target="_new">J.F. Walker Company v. Excalibur Oil Group, Inc.</a>

1 This is an appeal from a judgment entered January 19, 2001 following the trial court's affirmance of its non-jury verdict in a breach of contract case. For the reasons that follow, we vacate that judgment and remand for entry of judgment in favor of appellant in an amount to be determined by the trial court.<P>2 The factual and procedural history of this case can be briefly stated. J.F. Wal... More...

$0 (02-20-2002 - PA)