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Pennsylvania Superior Court Issues Warning to Insurers Regarding Reservation of Rights Letters

Insurance Law Posts

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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PA Insurance Commissioner: Businesses That Violate COVID-19 Orders May Impact Insurance Coverage

Insurance Law Posts

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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Reminder for Claims Handlers During COVID-19 Pandemic: Compliance with PA Regulations to Timely Respond to Insureds is Critical

Insurance Law Posts

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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Third Circuit Moves Pennsylvania Courts Closer to Viewing TCPA Violations as Uncovered Acts Under BOP and CGL Policies

Insurance Law Posts

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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