Houston Harbaugh, P.C.
Houston Harbaugh, P.C.
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Posts tagged "Insurance"

Injured Worker Not a Borrowed Employee Entitled to Workers' Compensation Coverage but a Leased Worker Under CGL Policy Leaving Facility Operator Uninsured

PA Supreme Court: Insured can recover for settlement made without insurer's consent where defense provided under a reservation of rights if settlement is for a covered claim and proven "fair, reasonable, and non-collusive"

Judge Wettick Explores the Scope of Regulatory Estoppel

Owen-J-Mcgrann-profile.jpgIn Sunbeam Corp. v. Liberty Mut. Ins. Co., 781 A.2d 1189 (Pa. 2001), the Pennsylvania Supreme Court adopted a strong application of regulatory estoppel. The question in Sunbeam was whether insurers doing business in Pennsylvania must be bound by representations made to the Pennsylvania Insurance Department by the "insurance industry." Specifically, the Supreme Court held that insurers could not argue that a specific pollution exclusion provision of a standard CGL policy meant something different from what the industry represented it meant to the Pennsylvania Insurance Department.

Pennsylvania Superior Court Upholds Finding That Fraudulent Acts Exclusion of Policy Bars Coverage in Underlying Federal Class Action for ERISA Violations

Middle District of Pennsylvania Allows Plaintiff to Reassert Bad Faith Count, Finding That Insurance Company's Actions May Effectively Amount to Denial of Coverage