Insurance

Supreme Court Clarifies Methodology for Reimbursing Providers of Medical Devices to Auto Accident Victims

Automobile insurers liable for reimbursing providers of medical products to accident victims are not restricted to the methodologies identified in the Motor Vehicle Financial Responsibility Law (MVFRL) and Department of Insurance regulations, the Pennsylvania Supreme Court held in Freedom Med. Supply, Inc. v. State Farm Fire and Cas. Co.

By | February 25th, 2016|Categories: General, Health Law, Insurance|Tags: , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Supreme Court Clarifies Methodology for Reimbursing Providers of Medical Devices to Auto Accident Victims

Insured may Accept “Fair and Reasonable” Settlement without Insurer’s Consent

An insured did not forfeit its insurance coverage when it reasonably settled a lawsuit without the insurer’s consent, where the insurer had defended the suit subject to a reservation of rights, the Pennsylvania Supreme Court held in Babcock & Wilcox Co. v. American Nuclear Insurers.

By | August 11th, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , , , |Comments Off on Insured may Accept “Fair and Reasonable” Settlement without Insurer’s Consent

Superior Court Defines Statute of Limitations for Declaratory Judgment on Insurer’s Duty to Defend and Indemnify

The statute of limitations for a declaratory judgment action brought by an insurance company regarding its duty to defend and indemnify begins to run when a cause of action for a declaratory judgment arises, an en banc Superior Court panel held in Selective Way Ins. Co. v. Hospitality Group Services, Inc..

By | August 3rd, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , |Comments Off on Superior Court Defines Statute of Limitations for Declaratory Judgment on Insurer’s Duty to Defend and Indemnify

Ambiguous Employer’s Liability Exclusion in Tenant’s Umbrella Policy Not Applicable to Tenant’s Employee’s Personal Injury Claim

An ambiguous employer’s liability exclusion in an umbrella commercial liability policy pertained only to claims asserted by employees of “the insured” against whom the claim was directed, the Pennsylvania Supreme Court held in Mut. Benefit Ins. Co. v. Politsopoulos

By | June 11th, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , , |Comments Off on Ambiguous Employer’s Liability Exclusion in Tenant’s Umbrella Policy Not Applicable to Tenant’s Employee’s Personal Injury Claim

Workers’ Compensation Carrier Cannot Bring Subrogation Claim Directly Against Third-Party Tortfeasor

A workers’ compensation carrier may not pursue a subrogation claim directly against a third-party tortfeasor when the compensated employee has taken no action against the tortfeasor, the Supreme Court held in Liberty Mutual Ins. Co. v. Domtar Paper Co.