Case Summaries

Case Notes from Richard E. Freeburn, Esquire, “The Lawyers Lawyer”.

The content on this web page is provided primarily for other lawyers. It is intended to assist other attorneys in keeping current with the latest developments in the law, in regards to personal injury, workers’ compensation and litigation issues. Every week, attorney Dick Freeburn reviews a case summary for his local Bar Association, that you can find here.

At Freeburn Hamilton, we welcome referrals.


 

A Split 3 Judge Panel Of The Superior Court Reverses Twenty-One Million Dollar Bad Faith Verdict Against Nationwide

June 29th, 2018

In Berg v. Nationwide, 2018 WL 1702785 (April 9, 2018), a split three judge panel of the Pennsylvania Superior Court reversed a Twenty-One Million Dollar bad faith award against Nationwide and remanded the case to the trial court for judgment in favor of Nationwide. 

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An Auto Insurance Carrier Must Provide Stacked Underinsured Motorist (“UIM”) Coverage Because It Failed To Obtain A Signed UIM Stacking Waiver After A New Car Was Added To The Policy By Way Of An Amended Declarations Page

June 22nd, 2018

In Newhook v. Erie, No. 1917 EDA 2017 (April 25, 2018), a three judge panel of the Pennsylvania Superior Court held in an unreported case that Erie was required to provide stacked underinsured motorist benefits because it added a new car to its policy by way of an endorsement, (an amended declarations page), and failed to obtain a signed waiver of stacking form from its insured. 

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A Prospective Juror Who Shows Bias Must Be Disqualified, And No Deference Is Given To A Judge Who Is Absent From Voire Dire

June 12th, 2018

In Triggs v. Childrens’s Hospital , 2018 WL 2192218, (Pa. Super., May 14, 2018), the Pennsylvania Superior Court found that a prospective juror’s answers to voir dire questions in this medical malpractice case demonstrated bias in favor of the medical profession, and the court gave no deference to the trial judge because the judge was absent from voir dire. 

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Self-Insured Employer Is Not Entitled To Subrogation Of A Workers’ Compensation Lien For Periods An employee Is Eligible For Benefits Concurrently

June 5th, 2018

In Commonwealth v. Workers’ Comp. Appeal Bd. (Piree), 995 C.D. 2017, 2018 WL 1611532 (Pa.Cmwlth. Apr. 4, 2018), the Commonwealth Court of Pennsylvania reaffirmed that a self-insured employer is not entitled to subrogation of a workers’ compensation lien for periods an employee is eligible for benefits concurrently under the Heart and Lung Act and Workers’ Compensation Act. 

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