Volume 24, No. 2, June 2018
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 24, No. 2, June 2018
Audrey Copeland (King of Prussia, PA) convinced the Commonwealth Court to affirm the Workers’ Compensation Appeal Board’s decisions denying the claimant’s penalty petition and granting the employer’s..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest, Vol. 24, No. 2, June 2018
Florida Expansion
We have expanded our Workers’ Compensation Department into the state of Florida with the additions of Heather Byrer Carbone, shareholder; Linda Wagner Farrell, shareholder; and associate..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Fraud/Special Investigation •
Authors: James H. Cole
Defense Digest, Vol. 24, No. 2, June 2018
By James H. Cole, Esq.
In response to the high demand for aggressive trial attorneys to prosecute insurance fraud, Marshall Dennehey Warner Coleman & Goggin continues to expand its Fraud/Special..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability •
Authors: Alesia S. Sulock
Defense Digest, Vol. 24, No. 2, June 2018
By Alesia S. Sulock, Esq.*
Key Points:
Brenco Oil holds that if a legal malpractice complaint alleges that an attorney was careless in performing a contract, not that the attorney failed to perform a...,
Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Allentown, Pennsylvania •
Practice Areas: Workers' Compensation •
Authors: A. Judd Woytek
Defense Digest, Vol. 24, No. 2, June 2018
By A. Judd Woytek, Esq.*
Key Points:
Pennsylvania’s Workers’ Compensation Judges have split on the issue of how to handle reinstatement petitions in light of Protz.
The Workers’ Compensation Appeal..., The epitaph reads: “Here lies the IRE. June 23, 1996-June 20, 2017. Killed by the Supreme Court of Pennsylvania and Mary Ann Protz. Rest in Peace.”
In June 1996, the Pennsylvania Legislature made sweeping changes to the Pennsylvania Workers’...,
Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: John C. Farrell, Rachel C. Freedman
Defense Digest, Vol. 24, No. 2, June 2018
By Rachel C. Freedman, Esq. and John C. Farrell, Esq.*
Key Points:
The Superior Court’s decision in Moody may make it more difficult for trial courts to successfully order venue transfers out of the..., In Moody v. Lehigh Valley Hospital-Cedar Crest, et al., 179 A.3d 496 (Pa.Super. 2018), the Superior Court of Pennsylvania departed from Supreme Court of Pennsylvania precedent regarding venue transfer on forum non-conveniens grounds. It consequently...,
Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Automobile Liability •
Authors: Michele A. Krengel
Defense Digest, Vol. 24, No. 2, June 2018
By Michele A. Krengel, Esq.*
Key Points:
The real estate exception to sovereign immunity applies to dangerous conditions of all Commonwealth real estate, not only roadways.
The presence and installation..., A recent Pennsylvania Supreme Court decision clarifies the interpretation of the real estate exception to the Sovereign Immunity Act, 42 Pa. C.S. § 8522(b)(4). Pursuant to the Sovereign Immunity Act, the Commonwealth enjoys immunity from suit for...,
Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation
Defense Digest, Vol. 24, No. 2, June 2018
By David J. Oberly, Esq.*
Key Points:
Ohio Supreme Court has “long recognized that Ohio public policy generally prohibits obtaining insurance to cover damages caused by intentional torts.”
Because there..., On the heels of the Ohio Supreme Court’s significant decision in World Harvest Church v. Grange Mutual Insurance Company, the Sixth Circuit in Clifford v. Church Mutual Insurance Company held that victims of sexual abuse were not entitled to..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Orlando, Florida •
Practice Areas: Professional Liability •
Authors: Adam C. Herman
Defense Digest, Vol. 24, No. 2, June 2018
By Adam C. Herman, Esq.*
Key Points:
Carriers rarely challenge substituted service upon a defendant.
Plaintiffs rarely satisfy the requirements for substituted service.
Failure to satisfy substituted...,
If you are defense counsel or a claims adjuster, you have likely been there. A client/insured is nowhere to be found. The Florida State Division of Corporations identifies the company as being administratively dissolved. The only reason the..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: Property Litigation
Defense Digest, Vol. 24, No. 2, June 2018
By Aaron D. Silvers, Esq.*
Key Points:
Insurance policies are to be construed liberally in favor of the insured and strictly against an insurer.
A policy provision excluding damages that occur over a..., First-party property insurance claims in the state of Florida are on the rise once again due to the statewide impact from Hurricane Irma, which made landfall in September 2017. However, Hurricane Irma may be the least of insurance companies’..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation •
Authors: Christopher W. Woodward
Defense Digest, Vol. 24, No. 2, June 2018
by Christopher W. Woodward, Esq.*
Key Points:
The PA Supreme Court clarified that the test for insurance bad faith pursuant to 42 Pa.C.S.A. § 8371 does not require proof of a motive of “self-interest or..., Nearly twenty years after implementation of Pennsylvania’s insurance bad faith statute, the Pennsylvania Supreme Court has finally settled the confusion that developed among the lower courts regarding exactly what constitutes the test for bad faith...,
Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability •
Authors: Keith D. Heinold, Michael A. Salvati
Defense Digest, Vol. 24, No. 2, June 2018
By Michael A. Salvati, Esq.* and Keith D. Heinold, Esq.*
Key Points:
Very little has been settled in product liability law since the Pennsylvania Supreme Court’s landmark ruling in Tincher v. Omega Flex..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Automobile Liability •
Authors: Shannon C. Daniels
Defense Digest, Vol. 24, No. 2, June 2018
By Shannon C. Daniels, Esq.*
Key Points
The MVFRL does not intend to shift the risk to insurance companies to insure unidentified, unrelated individuals residing with the insured because the insured is...,
Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Volume 24, No. 1, March 2018
Offices: Orlando, Florida •
Practice Areas: Health Care Liability •
Authors: Chanel A. Mosley
Defense Digest, Vol. 24, No. 1, March 2018
By Chanel A. Mosley, Esq.*
Key Points:
Supreme Court of Florida renders decision regarding peer review records of health care facility or provider.
The court’s opinion is death knell for work product..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Jacksonville, Florida •
Practice Areas: Architectural, Engineering and Construction Defect Litigation •
Authors: Elizabeth B. Ferguson
Defense Digest, Vol. 24, No. 1, March 2018
By Elizabeth B. Ferguson, Esq.*
Key Points:
The Florida Supreme Court has ruled the Chapter 558 process is a “suit” under a CGL policy.
The 558 process is considered a “suit” as it is a form of..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Architectural, Engineering and Construction Defect Litigation •
Authors: Lila Wynne
Defense Digest, Vol. 24, No. 1, March 2018
By Lila T. Wynne, Esq.*
Key Points:
New Jersey Appellate Division addresses appropriate trigger for coverage for progressive construction defect lawsuits.
Court applies continuous trigger theory in..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability •
Authors: Alex B. Norman, Brielle N. Kovalchek, Elyse N. Cohen
Defense Digest, Vol. 24, No. 1, March 2018
By Alex B. Norman, Esq., Brielle N. Kovalchek, Esq. and Elyse N. Cohen, Esq.*
Key Points:
Available defenses to snow and ice claims in Pennsylvania and New Jersey.
Precautions and practice points to..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: General Liability •
Authors: Alex B. Norman, Brielle N. Kovalchek, Elyse N. Cohen
Defense Digest, Vol. 24, No. 1, March 2018
By Alex B. Norman, Esq., Brielle N. Kovalchek, Esq. and Elyse N. Cohen, Esq.*
Key Points:
Available defenses to snow and ice claims in Pennsylvania and New Jersey.
Precautions and practice points to..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation •
Authors: Melanie J. Foreman
Defense Digest, Vol. 24, No. 1, March 2018
By Melanie J. Foreman, Esq.*
Key Points:
Claims for uninsured motorist claims are based in contract.
The statute of limitations for an uninsured motorist claim under an insurance policy does not begin..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: General Liability •
Authors: Nicole F. Panico
Defense Digest, Vol. 24, No. 1, March 2018
By Nicole F. Panico, Esq.*
Key Points:
A proposal for settlement is a strategic litigation tool that can sometimes be difficult to enforce.
In determining the enforceability of an offer of judgment,..., Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
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