Pa. Commonwealth Court Applies Multiple Trigger for Claims of Property Damage Caused by Continuing Pollution
Injured Worker Not a Borrowed Employee Entitled to Workers' Compensation Coverage but a Leased Worker Under CGL Policy Leaving Facility Operator Uninsured
PA Supreme Court: Insured can recover for settlement made without insurer's consent where defense provided under a reservation of rights if settlement is for a covered claim and proven "fair, reasonable, and non-collusive"
PA Superior Court Holds Statute of Limitations Begins to Run for Insurers' Declaratory Judgment Actions When Insurer Has Sufficient Factual Basis to Support its Determination
Eastern District of Pa. Predicts Pa. Supreme Court Unlikely to Impose Duty of Care for Negligence on Independent Insurance Adjuster Retained by Insured's Insurance Company
In Tippett v. Ameriprise Ins. Co., Civ. Action No. 14-4710, 2015 U.S. Dist. LEXIS 37513 (E.D. Pa. Mar. 25, 2015), the United States District Court for the Eastern District of Pennsylvania held that the Pennsylvania Supreme Court is unlikely to impose a duty of care for negligence claims brought by an insured on an independent insurance adjuster hired by the insured's insurance company.
Pennsylvania Superior Court Affirms $2 Million Bad Faith Verdict
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 to the Pennsylvania Insurance Department by the "insurance industry." Specifically, the Supreme Court held that insurers could not argue that a specific pollution exclusion provision of a standard CGL policy meant something different from what the industry represented it meant to the Pennsylvania Insurance Department.
