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June 11, 2020
By: Bryan M. Shay
In a case involving facts that it described as “a veritable ‘comedy of errors,’” a divided Pennsylvania Superior Court issued a warning to insurers handling Pennsylvania insurance claims: if the reservation of rights letter issued to your insured does not use at least some specificity when identifying the bases upon which indemnity coverage may be denied, you will be deemed to have waived the ability to disclaim indemnity coverage at a later date.
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May 14, 2020
By: Bryan M. Shay
Since March 19, 2020, Pennsylvania businesses and individuals have been under substantial restrictions imposed by Governor Tom Wolf in response to the COVID-19 pandemic. As these businesses now begin to see some relief from those restrictions, Pennsylvania Insurance Commissioner Jessica Altman has issued a warning: Ignoring the Governor’s Orders and the provisions of the multi-tiered plan for relaxing some of those restrictions could result in a loss of liability insurance coverage.
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March 29, 2020
By: Marni Sabrina Berger
While many claims adjusters are accustomed to working from home, in light of the COVID-19 pandemic, they are likely facing an increased volume of claims while simultaneously having to deal with less physical assistance from the home office. The following primer on the timeliness requirements of the Pennsylvania Unfair Insurance Practices Act (UIPA) and its related regulations - the Unfair Claim Settlement Practices Regulations (UCSPR) - is offered as helpful guidance during this difficult time.
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June 13, 2018
By: Marni Sabrina Berger
A recent opinion of the U.S. District Court of the Eastern District of Pennsylvania illustrates how operators will have to weigh the sometimes competing business and legal interests of protecting consumer/customer privacy, while also helping to combat trafficking and assault in the industry.
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September 14, 2016
By: Jeffrey M. Brenner
In Auto-Owners Ins. Co. v. Stevens & Ricci, Inc., the Third Circuit predicted that the Supreme Court of Pennsylvania, if given the opportunity, would find that Telephone Consumer Protection Act (TCPA) violations are not covered under Businessowners (BOP) or CGL policies as a TCPA violation is not an "occurrence," and does not cause an "advertising injury."
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