Legal Updates

October 2011 UIM Regular Use Exclusion Update

The Pennsylvania Supreme Court, majority opinion by Justice Orie Melvin, in Williams v. GEICO has again upheld the “regular use” exception to underinsured motorist (UIM) coverage in Pennsylvania.  The regular use exclusion removes insurance coverage where it normally would exist when a vehicle is provided to you for your “regular use.”  Here, GEICO argued that… Continue reading October 2011 UIM Regular Use Exclusion Update

June 2011 Joint & Several Liability Update

Governor Tom Corbett has signed a new law known as the Fair Share Act which will virtually eradicate the centuries old doctrine of joint and several liability in the Commonwealth of Pennsylvania.  Under the new law, liability in almost all cases involving more than one at fault party will be several and not joint.  What… Continue reading June 2011 Joint & Several Liability Update

June 2011 Lien Update

Judge Herbert Kramer of Supreme Court, Kings County has ruled in his decision in the matter of Trezza v. Trezza that so called Medicare replacement health plans cannot place a lien on, or subrogate against, a personal injury case in New York.   Subrogation commonly occurs when a health insurance company that has paid for… Continue reading June 2011 Lien Update