The Commonwealth Court came out with a hallmark case in Pennsylvania construction law on March 6, 2015, definitively holding that the Prompt Payment Act applies to government entity owners and CASPA does not. East Coast Paving & Sealcoating, Inc. v. North...
Phone: 412-281-5060
Houston Harbaugh
Month: March 2015
The State of Products Liability in Pennsylvania after Tincher – Part One
The Pennsylvania Supreme Court has, after decades of only tangentially addressing clear issues with the state products liability law in the Commonwealth, at last spoken. Since the Pennsylvania Supreme Court issued Azzarello v. Black Brothers Co., 391 A.2d 1020 (Pa....
Judge Wettick Explores the Scope of Regulatory Estoppel
In Sunbeam Corp. v. Liberty Mut. Ins. Co., 781 A.2d 1189 (Pa. 2001), the Pennsylvania Supreme Court adopted a strong application of regulatory estoppel. The question in Sunbeam was whether insurers doing business in Pennsylvania must be bound by representations made...
Pennsylvania Superior Court Upholds Finding That Fraudulent Acts Exclusion of Policy Bars Coverage in Underlying Federal Class Action for ERISA Violations
In Cigna Corporation v. Executive Risk Indemnity, Inc., 3538 EDA 2013, 2015 PA Super 43 (Feb. 27, 2015), the Pennsylvania Superior Court upheld the lower court's finding that the fraudulent acts exclusion in Appellant Cigna Corporation's ("Cigna") insurance policy...
No UIM Coverage for a “Driver” Listed in Policy Because She Was Not a Resident of the Named Insured’s Household
In Carter v. Peerless Idem. Ins. Co., No. 684 EDA 2014 (Pa. Super. Feb. 13, 2015) (Unpublished), the Superior Court of Pennsylvania affirmed a trial court's finding that a woman identified as a "driver" under her mother's automobile insurance policy was not entitled...
