In lieu of a ruling by the Pennsylvania Supreme Court in Tincher v. Omega-Flex, Pennsylvania Federal Courts continue to struggle with a consistent application of the substantive law in products liability actions, which have now become an issue of interpretation for...
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Houston Harbaugh
Month: January 2014
Eastern District Decision Interprets Sports Sponsorship Exclusion in Middle School Donkey Ball Case
In Sciolla v. West Bend Mutual Insurance Co., No.11-5604, 2013 U.S. Dist. LEXIS 178020, (E.D.Pa. Dec. 18, 2013), the Eastern District of Pennsylvania held that an exclusion clause relating to sponsorship was ambiguous and the insurer was unable to sustain its burden...
The Enforceability of Exculpatory Clauses in Commercial Leases in Pennsylvania
A recent decision by the Philadelphia Court of Common Pleas is useful in illustrating Pennsylvania's approach to the enforcement of exculpatory clauses in commercial leases. In Eagle Truck Serv's v. Wojdalski, Nos. 00546 and 00213, 2013 Phila Ct. Com. Pl. LEXIS 376...
Third Circuit Holds that Claims Stemming from Unsolicited Fax Advertisements that Allegedly Violated the Telephone Consumer Protection Act Are Not Covered Under a Commercial General Liability Policy
In Nationwide Mut. Ins. Co. v. David Randall Assocs., Inc., No. 13-1515, 2014 U.S. App. LEXIS 433 (3d Cir. Jan. 9, 2014), the United States Court of Appeals for the Third Circuit held that an insured was not covered under its commercial general liability ("CGL")...
