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
In the case of Philadelphia Eagles, LP v. Factory Mut. Ins. Co., No. 2:21-CV-01776-MMB (E.D. Pa. Dec. 15, 2022 Baylson J.), the court denied a carrier’s Motion to Dismiss in a case involving the Philadelphia Eagles seeking coverage from their carriers for financial losses associated with the COVID-19 pandemic and governmental closure orders. The
Here is a republication of my year-end review article outlining the important trends and cases from over the past year in Pennsylvania civil Litigation matters. The article was published in the Pennsylvania Law Weekly on December 22, 2022 and is republished here with permission.2022 Year-End Review: Use of Zoom Becomes the Norm, Several
Here is the 2022 Tort Talk Top Ten — an annual listing of some of the notable cases and top trends in Pennsylvania civil litigation law from over the past year or so as highlighted in Tort Talk blog posts:10. BUSINESS INTERRUPTION COVERAGE CASES TRENDThe state and federal courts of Pennsylvania grappled with
In the case of MacMiles v. Erie Insurance Exchange, No. 1100 WDA 2021 (Pa. Super. Nov. 30, 2022) (en banc), the Pennsylvania Superior Court reviewed, as an issue of first impression, whether the Plaintiff insured tavern was entitled to business interruption coverage under its policy of insurance related to the COVID-19 pandemic. According to
In the case of Ungarean v. CNA and Valley Forge Ins. Co., No. 490 WDA 2021 (Pa. Super. Nov. 30, 2022) (en banc), the court ruled in favor of a Plaintiff on a business interruption coverage claim related to business losses suffered when the business was closed by governmental orders issued during the COVID-19
In the case of In Re Erie COVID-19 Bus. Interruption Prot. Ins. Litig., No. 1:21-mc-1 (W.D. Pa. Oct. 14, 2022 Hornak, J.), the court granted the Defendant carrier’s Motion to Dismiss the Plaintiffs’ action for coverage for COVID-19 business losses under their commercial property insurance.The court found that the Plaintiffs did not show the
In the case of The Foundation for Indiana University of Pennsylvania v. Utica Nat’l Ins. Group, No. 2:22-CV-01126-AJS (W.D. Pa. Oct. 6, 2022 Schwab, J.), the court ruled that, given the language of a business insurance policy’s virus exclusion, and based upon the facts as pled by the Plaintiffs, the court ruled that business
