Norton on Insurance Coverage in Pennsylvania, 2nd Edition (PBI Press)

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4710 U.S. Steel Tower
600 Grant Street
Pittsburgh, PA 15219-2702

Phone: 412-288-4000
Fax: 412-288-2405
Email

 

 

Latest Business and Legal News

These news items and case summaries are a service provided by FindLaw. Picadio Sneath Miller & Norton, P.C. does not endorse any service or product advertised or discussed in any of these items.

Business

[09/02] American Eagle key revenue figure rises 1 percent

Intellectual Property

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Insurance

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Environment

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Case Summaries

Intellectual Property

[09/02] Bodum USA, Inc. v. La Cafetiere, Inc.
In a suit for common law trade dress of a French-press coffee maker known as the Chambord, district court's judgment in favor of the defendant is affirmed as, Article 4 of the parties' contract is clear and precise as it allows defendant to sell the coffee maker design anywhere except France - provided that it does not use the Chambord or Melior names and does not use plaintiff's supply channels for four years.

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[09/01] Eli Lilly & Co. v. Teva Pharm. USA, Inc.
In a patent infringement suit related to a drug for postmenopausal osteoporosis, judgment of the district court is affirmed where: 1) the record amply supports the district court's conclusion that the ordinary artisan would not have considered it obvious to use raloxifene to treat postmenopausal osteoporosis; 2) because the district court's conclusion that the Bone Loss Patents would not have been obvious, its conclusion as to the Low Dose Patent is affirmed as well; 3) district court did not err in concluding that the Bone Loss Patents and the Low Dose Patents were not invalid for lack of enablement; 4) the district court did not clearly err in invalidating the asserted claims of the Particle Size Patents for lack of written description.

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Insurance Law

[09/02] Travelers Prop. Cas. Ins. Co. of Am. v. Nat'l. Union Ins. Co.
In an action by one insurer against another seeking $10 million in subrogation proceeds, summary judgment for defendants is affirmed in part where plaintiff waived certain rights by refusing repeated invitations to participate in subrogation discussions. However, the judgment is reversed in part where, as the excess insurer, plaintiff was entitled to a priority interest in the subrogation proceeds representing insured losses.

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[09/01] Sprinkles v. Associated Indem. Corp.
In plaintiffs' bad faith action against Fireman's Fund Insurance Company, arising from an underlying suit against defendant and his employer for causing the death of plaintiffs' father in an automobile accident, trial court's judgment sustaining the insurer's demurrer is affirmed as, under the complaint and matters judicially noticed, the defendant-employee was an insured, rendering the automobile exclusion in the GCL policy applicable, and Fireman's Fund had no duty to defend the employer.

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Environmental Law

[09/01] Western Watersheds Project v. Kraayenbrink
In a National Environmental Policy Act (NEPA) challenge to eighteen amendments to the Bureau of Land Management's (BLM) grazing regulations, partial summary judgment for plaintiffs is affirmed in part where: 1) the BLM failed to address concerns raised by its own experts, the Fish and Wildlife Service, the EPA, and state agencies; and 2) there was resounding evidence from agency experts that the eighteen amendments to the BLM's grazing regulations may affect listed species and their habitat. However, the order is vacated in part where the district court failed to consider plaintiffs' Federal Land Policy and Management Act claim under the framework and with the deference set forth in Chevron.

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[08/31] Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
In defendant's suit against a law firm, claiming that an arbitrator's award of $7,554,149.13 in attorney fees and expenses for the law firm, related to its representation of defendant in an underlying complex environmental litigation, is unconscionable and violates public policy, superior court's affirmance of the award is affirmed as, assuming that defendant's claim of unconscionability is subject to judicial review as a predicate for determining whether the arbitration award violates public policy, the claim is rejected on the merits as neither the fee agreement nor the award actually issued by the arbitrator is unconscionable under rule 4-200 of the Rules of Professional Conduct.

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Commercial Law

[09/01] Hollander v. Copacabana Nightclub
In a 42 U.S.C. section 1983 action brought against several New York City nightclubs for discriminating against men on “Ladies’ Nights," dismissal of the complaint is affirmed where the nightclubs were not state actors and thus were not subject to section 1983.

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[08/31] Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corp.
In an action seeking to attach defendant's property in New York as pre-judgment security for a pending arbitration in Hong Kong, dismissal of the action for lack of personal jurisdiction is affirmed where the district court did not err in declining to fashion an equitable remedy in circumstances where it was clear that the original attachment order could not be sustained in light of Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009).

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Attorney Biographies

Bridget M. Gillespie 
4710 U.S. Steel Tower
600 Grant Street
Pittsburgh, Pennsylvania 15219-2702

Communication Center 
Phone: (412) 288-4017
Fax: 412-288-2405
E-mail: bgillespie@psmn.com
Web site: http://www.psmn.com

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Position	Areas of Practice	Education
Published Works	Affiliations

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Ms. Gillespie received her J.D. degree, cum laude, in 1993 from the University of Pittsburgh School of Law, where she was a Managing Editor of the Law Review. She is co-author of Norton on Insurance Coverage in Pennsylvania, Second Edition, published by PBI Press. Her practice is concentrated in representation of insurance carriers in insurance coverage and bad faith matters and representation of clients in commercial and tort litigation. She is licensed in Pennsylvania and is admitted to practice in all Pennsylvania state courts, the District Court for the Western District of Pennsylvania, the District Court for the Middle District of Pennsylvania and the Court of Appeals for the Third Circuit. She is a former Captain in the Army Judge Advocate General's Corps and served as a Special Assistant U.S. Attorney in the Northern District of New York.

SELECTED CASES

 

INSURANCE COVERAGE AND BAD FAITH

 

1.             Representation of insurance company in contribution action against another insurance company regarding payment of underinsured motorist benefits.  Decision at Travelers Prop. & Cas. Co. of Am. v. State Auto. Mut. Ins. Co., 2008 U.S. Dist. LEXIS 18319 (W.D. Pa. 2008).

 

2.                    Representation of insurance company in coverage action involving alleged property damage and advertising injury coverage for alleged violations of the Telephone Consumer Protection Act. Reported decision Melrose Hotel Co. v. St. Paul Fire and Marine Ins. Co., 432 F.Supp.2d 488 (E.D. Pa. 2006), aff'd, 2007 U.S. App. LEXIS 22711 (3d Cir. Sept. 25, 2007).

3.                    Representation of insurance company in coverage and bad faith actions involving claims related to life insurance sales practices. 

4.                    Representation of insurance company in coverage and bad faith actions regarding long-term care policies for alleged denial and/or delay in payment of benefits.

5.                    Representation of insurance company in coverage action involving policy issued to professional sport team insuring it against the loss of play of a player. 

6.                    Insurance coverage opinion and advice provided related to claims for coverage under commercial general liability and professional liability policy for underlying claims involving negligence, negligent misrepresentation and breach of various agreements.

7.                    Insurance coverage opinion and advice provided related to claims for coverage under successive umbrella policies for underlying claims involving deliberate intent and medical monitoring.

8.                    Insurance coverage opinion and advice provided related to claims for coverage under umbrella policy for underlying claims involving deliberate exposure, unsafe workplace and negligent hiring.

9.                    Insurance coverage opinion and advice provided related to claims for coverage under successive umbrella policies for underlying claims involving negligence and breach of contract.

10.                 Insurance coverage opinion and advice provided related to claims for coverage under successive excess and umbrella policies for underlying claims involving strict liability and negligence regarding alleged exposure to silica.

11.                 Insurance coverage opinion and advice provided related to claims for coverage under multiple umbrella/excess policies for underlying claims involving sexual molestation.

 

COMMERCIAL/CIVIL LITIGATI ON

 

1.                    Representation of municipal authority in construction dispute with contractor and then engineer regarding defects in construction of sewage treatment plant. 

2.                    Representation of bank defending against claims of statutory damages pursuant to 42 Pa. C.S. 8104, wrongful use of civil proceedings, abuse of civil process, conversion and conspiracy, all allegedly arising from a violation of the Deficiency Judgment Act.  

3.                    Representation of coal company in negligence claim involving injury to a coal miner. 

4.                    Representation of homeowner in breach of contract action against contractor who installed defective driveway. 

 

INSURANCE DEFENSE

 

1.                    Representation of insured municipality in negligence and wrongful death claims arising from pedestrians hit by vehicle in county park. 

2.                    Representation of insured managing general agent in action alleging breach of contract and breach of fiduciary duty related to the workers' compensation line of business of the plaintiff insurance company. 

3.                    Representation of insured driver and hospital employer in negligence action arising from motor vehicle accident at intersection. 

4.                     Representation of insured landowner in negligence action arising from truck-train collision at railroad crossing leading to client's business. 

Current Employment Position(s):

Partner

Year Joined Organization:

1999

Areas of Practice:

Insurance Coverage and Bad Faith

Civil Litigation

Insurance Defense

Commercial Litigation

Bar Admissions:

Pennsylvania, 1993

U.S. District Court Western District of Pennsylvania, 1999

U.S. District Court Northern District of New York, 1997

U.S. District Court Middle District of Pennsylvania, 2005

U.S. Court of Appeals 3rd Circuit, 2006

Education:

University of Pittsburgh School of Law, Pittsburgh, Pennsylvania, 1993
J.D.
Honors: Cum Laude
Law Review: University of Pittsburgh Law Review, Member / Managing Editor, 1991 - 1993

University of Notre Dame, Notre Dame, Indiana, 1990
B.A.
Major:  Government and International Relations

Published Works:

Norton on Insurance Coverage in Pennsylvania, Second Edition, PBI Press, 2006

Classes/Seminars Taught:

Technology in the Courtroom, American Inns of Court, 2005

Effective Legal Writing for Paralegals in Pa., Institute for Paralegal Education, 2000

Professional Associations and Memberships:

Pennsylvania Bar Association, 1994 - Present

Member of Council, Editor of Civil Litigation Update

Allegheny County Bar Association, 1999 - Present

Member, Past Co-Chair of Military & Veterans Affairs Committee

Allegheny County Bar Association, Civil Litigation Section

Member of Council

Past Employment Positions:

U.S. Army, Judge Advocate General's Corps, Captain, 1996 - 1999

Common Pleas Court of Carbon County, Trial Law Clerk to Judge Richard W. Webb, 1994 - 1995

Superior Court of Pennsylvania, Appellate Law Clerk to Judge Peter Paul Olszewski, 1993 - 1994

Languages:

English

Birth Information:

1968, Pittsburgh, Pennsylvania, United States of America