Search for: "Third Party Tortfeasors" Results 61 - 80 of 739
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30 Jun 2011, 1:47 pm by Daniel E. Cummins
 The third party tortfeasor filed preliminary objections seeking a severance of the claims against him from the claims against State Farm. [read post]
13 Jul 2015, 5:00 am by Daniel E. Cummins
April 20, 2015 Willamson, J.) that a Plaintiff was barred from pursuing a UIM claim where the award the Plaintiff received from the third party tortfeasor after an application of a high/low agreement to the jury's verdict was less than the tortfeasor's liability limits.In this matter, the tortfeasor's liability limits were $500,000. [read post]
23 Sep 2020, 1:00 am by Daniel E. Cummins, Esq.
It was alleged that the bus did not have any hazard lights or any other reflective devices to alert other drivers to its presence on the roadway.Another tortfeasor Defendant, was traveling along the highway and, when a third, unidentified vehicle swerved to avoid the bus, the named tortfeasor Defendant lost control of her vehicle and hit the rear of the bus. [read post]
10 Apr 2014, 6:30 am by Daniel E. Cummins
Prior to Koken, the plaintiffs bar would typically pursue the UIM claim first before proceeding ahead on the third-party claim against the tortfeasor. [read post]
15 Jun 2015, 6:42 pm by Daniel E. Cummins
.), the Third Circuit Court of Appeals remanded an excess verdict bad faith case back for a new trial after ruling that punitive damages could not be awarded by a jury against the third party liability carrier.According to the Opinion, this case arose out of a rear end accident caused by an allegedly intoxicated third party tortfeasor who was insured by Allstate.The case proceeded to trial at which the jury awarded the Plaintiff $15,000 in… [read post]
26 Jan 2023, 5:30 am
Gibbons of the Lackawanna County Court of Common Pleas denied a Motion to Bifurcate filed by a third party Defendant in a post-Koken automobile accident litigation. [read post]
12 Jan 2018, 5:00 am by Daniel E. Cummins
Pa.In this matter, the Plaintiff sued the alleged third party tortfeasor Defendants on a negligence claim and his own carrier, Progressive, for underinsured motorist benefits. [read post]
6 Feb 2018, 7:04 am by Juan C. Antúnez
Will your guardianship judge’s rulings approving your client’s actions shield you from future third-party malpractice claims? [read post]
26 Jun 2013, 8:00 am by Daniel E. Cummins
   The Plaintiff filed suit in PhiladelphiaCounty against third party tortfeasors and the UIM carrier. [read post]
1 Jun 2010, 6:38 pm by Daniel E. Cummins
Another post-Koken decision has come out of Philadelphia County on the issue of consolidating or severing third party claims and UIM claims under one caption.On May 27, 2010, Judge Allan L. [read post]
26 May 2011, 10:42 am by Douglas Reiser
  But, the law has been clear that third party tortfeasors are not parties to the “grand compromise” and injured workers may sue such tortfeasors. [read post]
23 Nov 2019, 2:53 pm by Jeffrey P. Gale, P.A.
Few lawyers realize that workers’ compensation employers and carriers (E/C) may bring a lawsuit against the third party tortfeasor in the claimant’s name in an effort to recoup their expenditures. [read post]
13 Nov 2009, 10:57 am by Daniel E. Cummins
Judge Chronister sided with the third party tortfeasor's arguments and ordered a severence of the cases. [read post]
9 Nov 2009, 10:24 am
Nov. 5, 2009) that goes against the trend of a number of recent trial court opinions from around the Commonwealth of Pennsylvania allowing third party claims against the tortfeasor to proceed in a consolidated fashion with the UIM claim under one lawsuit. [read post]
6 Aug 2010, 3:00 am by John Day
Feb. 12, 2008) (finding evidence did not preponderate in favor of defendant’s assertion that unknown third parties caused accident). [read post]
3 Aug 2009, 2:17 pm
Burke, Jr. of the Luzerne County Court of Common Pleas issued a July 29, 2009 Order allowing the consolidation or joinder of a third party motor vehicle accident lawsuit and a companion UIM (underinsured motorist benefits) claim under one caption.In Glushefski, the third party tortfeasor defendant filed preliminary objections the first of which objected to the Plaintiff's joinder of the tort and UIM claims in a single action. [read post]
9 Nov 2020, 7:04 am by Daniel E. Cummins, Esq.
 According to the Opinion, following a motor vehicle accident, the Plaintiff filed a post-Koken action against both the third party tortfeasor driver and the Plaintiff's own underinsured motorist carrier. [read post]
25 May 2010, 1:51 pm by Daniel E. Cummins
On May 20, 2010, the York County Court of Common Pleas issued an en banc decision, by Order only, granting a tortfeasor's Preliminary Objections and request for severance of the third party claims from the UIM claims in the case of Winkler v. [read post]
25 Jan 2010, 6:15 am by Daniel E. Cummins
Kuhn of the Adams County Court of Common Pleas ruled in favor of the severance of the third party claims against the tortfeasor from the UIM claims asserted against the two separate levels of UIM carriers.The new Westlaw citation for that case is 2010 WL 231525.Thanks to Attorney James Beck of the Dechert Law Firm in Philaldelphia for securing this citation from Westlaw. [read post]
23 Sep 2014, 7:00 am by Daniel E. Cummins
Hughes, III of the Luzerne County Court of Common Pleas denied a tortfeasor Defendant’s Preliminary Objections requesting the severance of the third party negligence claims from the contractual UIM claims asserted against the UIM carrier. [read post]