Publications
Commonwealth Court rejects the claimant's argument that a C&R agreement should be rescinded due to a mutual or unilateral mistake on behalf of the employer.
The claimant sustained a work-related injury in October of 2007 that was acknowledged by a Notice of Compensation Payable (NCP).
Case Law Alert - 4th Qtr 2012
The decedent died in the course of his employment where his injury occurred in the furtherance of his business as a college professor even though precipitating events occurred at lunch off campus.
The decedent, who worked as a professor at Penn State, suffered from significant pre-existing medical conditions including lymphedema, uncontrolled diabetes, hypertension, difficulty breathing, cardiac problems and cellulitis of the legs.
Case Law Alert - 4th Qtr 2012
Third Circuit finds lack of a contractually designated arbitration forum does not nullify an arbitration agreement.
The Third Circuit found the arbitration agreement to be ambiguous as to whether the designated National Arbitration Forum (NAF) was intended to be the exclusive forum for resolving disputes and was, thus, an integral part of that agreement.
Case Law Alert - 3rd Qtr 2012
General contractor's inclusion of subcontractor's bid in GC's bid is not acceptance of subcontractor's bid and does not form contract between subcontractor and GC or client.
The subcontractor (SC) gave a bid to a general contractor (GC) for a municipal authority project. GC included SC's bid within its own, and the authority awarded the contract to GC.
Case Law Alert, 3rd Qtr 2012, July
Injuries sustained while using a truck in order to keep a rope taut in order to trim a tree did not constitute using the truck for transportation purposes, rendering the plaintiff ineligible for PIP benefits.
John Lovegrove and Matthew Kelty planned to trim a tree on a property.
Case Law Alert - 3rd Qtr 2012
Based upon numerous material misrepresentations about the plaintiff's medical condition and history, the Fifth District Court of Appeals affirmed the trial court's dismissal based upon the plaintiff's fraud on the court.
The Appellate Court affirmed the trial court's dismissal of the plaintiff's case after finding that the plaintiff submitted a fraud on the court for material misrepresentations regarding his medical history and injuries. Pursuant to Cox v.
Case Law Alert - 3rd Qtr 2012
Two-year contractual statute of limitations violation warrants dismissal.
The plaintiff suffered a loss to its insured business premises on May 7, 2006.
Case Law Alert - 3rd Qtr 2012
Submitting to an examination under oath is not an absolute condition precedent to an insured filing suit.
Where an insurer requests an examination under oath (EUO) of the insured pursuant to the policy conditions, the insured's failure to set a date and time for the requested EUO prior to filing suit does not warrant the suit's dismissal.
Case Law Alert - 3rd Qtr 2012
Computer and funds transfer fraud coverage support a "plausible" claim for loss to a policyholder's servers after its computers were hacked.
Before the court was Hartford's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), which was denied. The plaintiff provides voice and messaging services over broadband internet networks.
Case Law Alert - 3rd Qtr 2012
Insurable interest requirement precludes recovery for the full value of destroyed property.
The plaintiff/insured owned property as a tenant in common with a business partner. The plaintiff procured a fire insurance policy with Allstate solely in his name.
Case Law Alert - 3rd Qtr 2012