In the case of The Scranton Club v. Tuscarora Wayne Insurance Company, No. 238 MDA 2021 (Pa. Super. Sept. 12, 2023 Panella, P.J., Olson, J., and Kunselman, J.) (Op. by Kunselman, J.) (non-precedential)(Olson, J., Concurring), the Pennsylvania Superior Court affirmed in part and reversed in part a trial court’s decision sustaining Preliminary Objections filed
In the case of Brandywine Valley Premier Hospitality Group v. Fireman’s Fund Ins. Co., No. 2:22-CV-02221-GEKP (E.D. Pa. Aug. 7, 2023 Pratter, J.), the court ruled that a hotel/restaurant owner was not entitled to property insurance coverage where coverage was predicated on direct physical damage or loss and where the shutdowns required by the
In the case of Hickey v. University of Pittsburgh, No. 21-2016 (3d. Cir. Aug. 11, 2023), the Third Circuit Court of Appeals held that a district court erred in part in dismissing students’ complaint for a refund of tuition and fees after their university transition to fully remote instruction in response to the COVID-19
According to a recent July 14, 2023 article in the Pennsylvania Law Weekly entitled “Pa. Supreme Court Agrees to Hear Arguments in Two Diverging COVID-19 Business Interruption Cases,” by Marianna Wharry, the Pennsylvania Supreme Court has granted allocator to hear arguments in the case of MacMiles v. Erie Insurance Exchange and the case of Ungarean
In the case of Lynch v. Tucasse, No. 3:18-CV-2044 (M.D. Pa. July 25, 2023 Mariani, J.), the court granted a Plaintiff’s Motion for Delay Damages in a civil litigation matter arising out of injuries the Plaintiff allegedly suffered from the Defendant possession and discharge of handgun. After the return of a multi-million dollar jury
In the case of URBN US Retail LLC v. Zurich Am. Ins. Co., No. 21-4807 (E.D. Pa. June 28, 2023 Diamond J.), the court granted a Defendant carrier’s Motion to Dismiss a COVID-19 coverage action brought by the insured. In this matter, the Plaintiff brought a lawsuit for coverage for COVID-19 losses stemming from
In the case of Corter v. Wal-Mart, No. CV-22-00100 (C.P. Lyc. Co. April 11, 2023 Linhardt, J.), the court sustained in part and denied in part various Preliminary Objections filed by Defendant Wal-Mart in a case involving allegations relative to a slip and fall matter that allegedly resulted in injuries that allegedly led to
Here is a LINK to my article published in the Pennsylvania Bar Association’s March/April 2023 issue of The Pennsylvania Lawyer entitled “The COVID-19 Pandemic and Its Impact on the Law.”The article outlines the changes in Pennsylvania law and litigation as a result of the pandemic, some of which changes appear to be here to
In the case of Wilson v. USI Ins. Serv., LLC, No. 20-3124 (3d Cir. Jan. 6, 2023) (Op. by Chagres, C.J.), the court, in a consolidated appeal, found that the district courts properly found for the insurance companies in Plaintiff businesses’ actions for coverage for COVID-19 business losses under commercial property insurance policies. The
