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Houston Harbaugh Blog

December 2014 Archives

Pennsylvania Supreme Court confirms first manifestation as general rule for coverage under CGL policies, distinguishing J.H. France as the lone exception

Gillespie Bridget 143 200.jpgIn Pennsylvania Nat'l Mut. Cas. Ins. Co. v. St. John, 86 MAP 2012, 2014 Pa. LEXIS 3313 (Pa. Dec.15, 2014), the Pennsylvania Supreme Court, in a 3-2 decision, confirmed "first manifestation" as the general rule for coverage under CGL policies and rejected application of the J.H. France "multiple trigger" to property damage claims. The Court addressed three issues arising out of a claim for coverage due to defective plumbing contaminating a dairy herd's drinking water resulting in loss of milk production and other property damage continuing for a few years:

Pennsylvania Supreme Court Clarifies Considerations for Venue Transfer

In Bratic v. Rubendall, 99 A.3d 1 (Pa. 2014), the Pennsylvania Supreme Court addressed and clarified the application of venue rules and venue transfers on the basis of forum non conveniens. The Bratic decision offers defendants a much more robust set of options for precluding a plaintiff from venue shopping.