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Pennsylvania Supreme Court grapples with distinction between gross negligence and recklessness.

By Christopher P. Lagay

In the case of Feleccia v. Lackawanna College, No. 74 MAP 2017, 215 A.3d 3 (Pa. 2019), the Pennsylvania Supreme Court heard an appeal from the Lackawanna College defendants, after their motion for summary judgment, granted by the trial court, was reversed on appeal by the Superior Court.

Plaintiffs, Feleccia and Resch were student athletes at Lackawanna College, trying out for the football team in March of 2010.  Lackawanna College’s football department had lost its two athletic trainers in the summer of 2009, and had hired two recent graduates with degrees in Athletic Training, though neither had passed their athletic trainer certification exam at the time they were hired for the position.  In fact, after their hiring, both new hires failed their certification exam, and the Lackawanna re-titled their position to “first responder,” though they did not sign new or different job descriptions.

Lackawanna College moved for and was granted summary judgment, based primarily on waiver.  Finding the negligence claims barred, the trial court ruled the claim for punitive damages also failed, and discussion of the waiver’s applicability to the punitive damages claim was unnecessary.

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Robert E. Lavoie III joins Connor, Weber & Oberlies

Robert E. Lavoie III joined Connor, Weber & Oberlies in 2020 and works out of the Paoli, Pennsylvania office. Robert focuses his practice in the areas of general liability, products liability, and professional liability litigation. Robert is licensed to practice in the Commonwealth of Pennsylvania, the State of New Jersey, and the U.S. District Court for the Eastern District of Pennsylvania.

Legislative Response to Business Interruption Coverage in Pennsylvania

By Julia Jacobelli, Esquire

Recently, each house of the legislature of the Commonwealth of Pennsylvania has introduced proposed legislation addressing the possibility of compelling insurance carriers to provide coverage due to the COVID-19 virus, regardless as to whether the insurance policy identifies such coverage as contained within the policy provisions.

House Bill 2372 provides in relevant part:

Notwithstanding any other law, rule or regulation, an insurance policy that insures against loss or damage to property, which includes the loss of use and occupancy and business interruption, in force in this Commonwealth on March 6, 2020, which is the date of the Proclamation of Disaster Emergency concerning the coronavirus pandemic, shall be construed to include among the covered perils under the insurance policy coverage for business interruption due to global virus transmission or pandemic.

The Bill continues:

The coverage required by this section shall indemnify the insured of an insurance policy, subject to the broadest or greatest limit and lowest deductible afforded to business interruption coverage under the insurance policy, for any loss of business or business interruption for the duration of the declaration of disaster emergency described in subsection (a).

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Robert A Morton, IV joins Connor, Weber & Oberlies

Robert A. Morton IV joined Connor, Weber & Oberlies in 2019 and works out of the Paoli, Pennsylvania office. Robert focuses his practice in the areas of construction claims, products liability, professional liability, and Federal Civil Rights litigation. Robert is licensed to practice in the Commonwealth of Pennsylvania, the State of New Jersey, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Tax Court. Robert will be based out of the Paoli office of Connor, Weber & Oberlies.

Summary Judgement affirmed in Malpractice case against NJ Insurance Producer.

Summary Judgment was affirmed by the Appellate Division in a professional malpractice case against an insurance producer in a New Jersey Superior Court case. Amelia M. Lolli, Esquire was successful in obtaining summary judgment in favor of a Camden County insurance agency in a 2014 case. The summary judgment decision was appealed by the Plaintiff and oral argument was conducted by Ms. Lolli in front of the Appellate Division in January 2019. The Appellate Division affirmed the dismissal of the case by the trial court and found the insurance producer did not breach a fiduciary duty to its client.

Pennsylvania Supreme Court Affirms $1.68 Million Dollar Award for CWO client

In the most recent chapter of litigation spanning more than 23 years, on September 27, 2017, the Pennsylvania Supreme Court affirmed a subcontractor’s $1.68 million dollar award entered pursuant to the Contractor Subcontractor Payment Act. Monica Reynolds, co-counsel to the subcontractor, has represented the subcontractor since 2002 in its efforts to pierce the corporate veil and collect its $200,000 arbitration award obtained under the Contractor Subcontractor Payment Act (“CASPA”) in 1998. Continue reading

Redesigned Website for Improved Communication

Announcing a new look to our website! We recently completed a redesign of our website to better communicate with and serve you.

You will notice a more modern look with better access through your mobile devices, including tablets and smartphones.

We plan to update our news and articles on a regular basis to keep you informed on our law firm and a variety of legal issues that we hope you will find relevant and helpful.