Pennsylvania Supreme Court News

Pa. Supreme: Death Claim Filed Too Late for Malpractice Reform Law

The two-year statute of limitations for medical malpractice death claims applies even if the medical records available obscured the legal cause of death, the Pennsylvania Supreme Court ruled Monday. In a 3-2 decision, the high court restored a trial court …

Pa. Court Loosens Rules on Where Malpractice Cases Can Be Filed

HARRISBURG, Pa. (AP) — Pennsylvania’s highest court on Thursday reversed its own two-decade-old rule that required medical malpractice cases to be filed in the county where the alleged harm occurred, a win for civil plaintiffs and the lawyers who represent …

Penn. Supreme Adds Exception to Subrogation Rule in Jones Act Case

The Pennsylvania Supreme Court has sided with an insurer seeking subrogation for payments it made to an injured worker before it was determined the insurer was not obligated to make the payments. The state’s highest court, in a 6-0 decision …

Pennsylvania Supreme: Non-Treating Providers May Not Intervene in Utilization Review

In Pennsylvania, if an insurer contends that a medical service, drug or device is unnecessary, it must resolve the dispute through a process called utilization review, where medical professionals decide if the request is reasonable. The Pennsylvania Supreme Court ruled …

Pa. Supreme Finds Injury During Transit From After-Hours Event Was Work Related

A traveling salesperson injured in a car accident after an employer-sponsored happy hour had to drive past the highway exit to his home on the way to the event, sparking debate over whether he was still considered “on the job” …

Viewpoint: Due Process, Bill Cosby, and D&O Liability Insurance Conduct Exclusions

Directors and officers liability insurance policies often contain exclusions for losses related to criminal or deliberately fraudulent activities. Such exclusions usually are limited to circumstances in which the fraud or crime is finally adjudicated. The path from initial allegations to …

Viewpoint: Pa. Supreme Court Hands Insurers ‘Small Victory’ on COVID-19 Litigation

Key Takeaways The Pennsylvania Supreme Court declined to exercise jurisdiction over all COVID-19 insurance coverage litigation. The decision relates to an application for extraordinary relief from a Pittsburgh-based restaurant seeking coverage for business income losses allegedly triggered by the COVID-19 …

3rd Circuit Revives Some of Manufacturer’s Claims Against Insurers

Sapa Extrusions purchased 28 insurance policies from eight carriers, but not one of them would reimburse the manufacturer for the cost of a settlement it paid after being sued for shoddy workmanship. A federal appellate court, however, has cleared the …

Pennsylvania Court Rules $500,000 Limit Proper for Girl Run Over by Bus

Pennsylvania’s highest court is upholding a decision that reduced a jury award for a girl who was run over by a school bus in suburban Philadelphia from $14 million to $500,000. The Supreme Court on Wednesday said the $500,000 cap …

Pennsylvania Court Rejects UM Claim Because of Delay

Recently, the Pennsylvania Supreme Court held that the insured’s eight month delay in providing notice of the involvement of a phantom vehicle in an accident violated the policy’s notice requirement, voiding UM coverage without it showing of prejudice to the …