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February 21, 2013

By: Steven M. Liero, Esquire

On December 28, 2012, the Pennsylvania Supreme Court, in Marlette, et al. v. State Farm Mutual Automobile Insurance Company, 57 A.3d 1224 (2012) a series of consolidated cases held that delay damages in an uninsured motorist action are calculated on the verdict as molded by the Court, not on the full amount originally awarded by the jury.

December 9, 2012

By: Lisa Cauley, Esquire

On December 29, 2007, President George Bush signed into law the Medicare Medicaid, and SCHIP Extension Act of 2007 (MMSEA). This new legislation amended the Medicare Secondary Payer Act (MSPA) by establishing new reporting guidelines. For various reasons, Medicare had not been able to identify primary payers consistently since the passage of the MSPA in 1980.

December 27, 2011

by Lisa Cauley, Esquire

On December 30, 2005, the Pennsylvania Supreme Court rendered its decision on the long-contested issue of whether automobile insurance policies issued in Pennsylvania are required to contain a provision that uninsured ("UM") and underinsured ("UIM") claims be resolved by way of mandatory, binding arbitration. Arbitration of UM and UIM claims has long been the practice in Pennsylvania, and prior attempts by insurers to eliminate, or render optional, arbitration of such 

December 27, 2011

by Lisa A. Cauley, Esquire

Since 1988, New Jersey drivers have had the option of agreeing to restrict their right to sue for injuries sustained in automobile accidents in exchange for payment of lower insurance premiums. This restriction, known as "verbal threshold", limits recovery for non-economic damages, the most common example of which is "pain and suffering", unless the person sustained at least one of the delineated types of injury: 1) Death; 2) dismemberment; 3)

December 27, 2011

by Sharon Harvey, Esquire

Recently, the Pennsylvania Supreme Court issued its decision In Erie Ins. Exch. v. Baker, 972 A.2d 507 (2009) which upheld the validity of the "household exclusion" contained in the Erie Insurance policy issued to Gene Baker. In a close decision (4-3) the Pennsylvania Supreme Court upheld the validity of Erie Insurance’s household exclusion which stated: "This insurance does not apply to... "damages sustained by anyone we protect while occupying or being struck by a motor vehicle owned by you or a relative, but not insured for Uninsured or Underinsured Motorists Coverage under this policy.".