Publications
Seizure disorder did not preclude recovery of accidental death benefits under physical disease exclusion.
The decedent accidentally drowned in his bathtub, and the plaintiffs, acting on behalf of the decedent’s son, sought accidental death benefits under a policy issued by the defendant, Union Security Insurance Company.
Case Law Alerts, 1st Quarter, January 2015
Summary judgment appropriate in UM case where insured-decedent’s employer-provided policy did not provide supplemental UM/UIM coverage.
The decedent and his daughter were involved in a motor vehicle accident with an uninsured motorist while operating a vehicle owned by the decedent’s employer and insured by the defendant as part of a Commercial Package Policy.
Case Law Alerts, 1st Quarter, January 2015
Exclusionary language precluding transfer of rights must be specific and explicit.
This action arises out of a lawsuit brought by the victim of a physical attack against Lime Tree Associates, which merged with and into Lime Tree Associates LLC and Lime Tree Associates LLC.
Case Law Alerts, 1st Quarter, January 2015
Coverage precluded for passenger who did not meet definition of “insured” under policy.
This appeal from judgment in favor of GEICO concerned an injured passenger’s claim for uninsured/underinsured (UM/UIM) motorist benefits under an auto policy issued to the operator of the vehicle she was occupying at the time of the motor ve
Case Law Alerts, 1st Quarter, January 2015
Contractor’s simultaneous filing of counterclaim and motion to compel arbitration does not constitute waiver of contractual arbitration provision.
The plaintiff homeowner and the defendant contractor entered into a home restoration contract which contained an arbitration provision. After a dispute arose between the parties, the plaintiff filed suit against the contractor.
Case Law Alerts, 1st Quarter, January 2015
Third Circuit sends crystal clear advice to law enforcement when it comes to tracking through GPS: Get a warrant!
FBI agents investigating multiple pharmacy burglaries installed a GPS tracker on the van of the Katzin brothers. The warrantless surveillance led to evidence of the involvement of brothers Harry, Michael and Mark Katzin in the burglaries.
Case Law Alerts, 1st Quarter, January 2015
An alleged violation of OPRA does not give rise to a declaratory judgment action.
The plaintiff brought a declaratory judgment action for failure to comply with the Open Public Records Act.
Case Law Alerts, 1st Quarter, January 2015
Damage cap under the Political Subdivision Tort Claims Act is constitutional and does not violate the equal protection rights of injured parties.
The plaintiff sustained severe and permanent injuries, including a crushed pelvis and the amputation of her left leg above the knee, when a school bus, owned and operated by an employee of the appellee School District, accelerated out of control o
Case Law Alerts, 1st Quarter, January 2015
The normal presumption that the claimant’s treating physician is entitled to more credibility than the defendant’s evaluating physician does not always apply.
The claimant’s physician indicated he could do no more for him in September 2009, nine months after the claimant’s initial work-related knee and hip injury. The claimant sought no treatment from 2009 to 2013.
Case Law Alerts, 1st Quarter, January 2015
Employer is entitled to have medical bills submitted in a “clean claim” format, which includes having the provider submit the bills on the proper forms.
Claimant’s counsel submitted to counsel for the employer medical bills for the claimant’s work-related surgery.
Case Law Alerts, 1st Quarter, January 2015