On Wednesday, June 10, 2020 State House Speaker and Representative for the 28th Legislative District, Mike Turzai, gave his farewell address before the House Chamber. He vacated his seat effective June 15, 2020. Mike has also announced that he will be resigning from...
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Houston Harbaugh
Firm News
Houston Harbaugh Congratulates 14 Attorneys Selected To 2020 Pennsylvania Super Lawyers And Pennsylvania Rising Stars List
June 2, 2020 | | Houston Harbaugh is pleased to announce and congratulate attorneys Craig M. Brooks, Robert J. Burnett, Christopher M. Jacobs, Alan S. Miller, Anthony P. Picadio, Samuel H. Simon, Henry M. Sneath, and Heidi R. Stewart on their selection to the 2020...
Federal Courts Predict the Pennsylvania Supreme Court Will Except Medical Devices from Strict Liability under § 402A
The federal courts in Pennsylvania continue to rage against the machine, seeking to expand or at least protect the foothold established for defendants in product liability cases - even in the wake of Tincher v. Omega Flex. In Cogswell v. Wright Medical Technology,...
Supreme Court Reverses Holding that Implied Warranty of Habitability Extends to Subsequent Purchasers.
In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the Pennsylvania Superior Court held for the first time that a subsequent buyer of a home, who has no contractual privity with the contractor, can nonetheless assert claims against the contractor...
Court Permits Injured Party to File Declaratory Judgment Counterclaim Directly Against Tortfeasor’s Insurer
In Arrowood Indem. Co. v. Rosser Int'l, Inc., No. GD-10-018929 (Pa. C.P. Allegheny Dec. 30, 2014) (Wettick, J.), Judge R. Stanton Wettick, Jr. of the Court of Common Pleas of Allegheny County held, in a case of first impression in Pennsylvania, that an injured party...
President of Contracting Company Has No Individual Liability Under CASPA
The Superior Court recently affirmed a trial court grant of summary judgment in favor of an individual president/owner of a company, finding that an individual officer has no liability for payments to a general contractor for work performed under a contract between...
Pennsylvania Supreme Court confirms first manifestation as general rule for coverage under CGL policies, distinguishing J.H. France as the lone exception
In 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...
Supreme Court Grants Appeal in Another Mechanic’s Lien Case
In August of 2014, the Pennsylvania Supreme Court, at 97 A.3d 739, granted a Petition for Allowance of Appeal from the Superior Courts unpublished opinion in Terra Technical Services, LLC. v. River Station Land L.P., 82 A. 3d 1084 (Pa. Super. 2013). The issues to be...
Alleged Assault and Battery Not Covered Under Homeowners Insurance Policy Because Not an “Occurrence”
In State Farm Fire & Cas. Co. v. Scalia, No. 1:14-cv-00049, 2014 U.S. Dist. LEXIS 170015 (M.D. Pa. Dec. 9, 2014) (Jones, III, J.), the U.S. District Court for the Middle District of Pennsylvania held that an insured was not entitled to a defense or indemnity under...
Third Circuit Holds Insurer Entitled to Recoup Defense Costs from Insured Under Claims-Made Professional Liability Insurance Policy Where Expressly Permitted Under Policy
In CAMICO Mut. Ins. Co. v. Heffler, Radetich & Saitta, L.L.P., No. 13-3619, 2014 U.S. App. LEXIS 19636 (3d Cir. Oct. 10, 2014), the Third Circuit, in an unpublished opinion, held that a professional liability insurer was not required to cover all of its insured...
