pennsylvania bar association - schmidt kramer, p.c....orsag v. farmers says yes! (march 2011)...
TRANSCRIPT
Pennsylvania
Bar Association
Auto Law Update
Jamaica
2015
SCHMIDT KRAMER P.C. 209 State Street • Harrisburg, PA 17101
27 South 34th Street • Camp Hill, PA 17011 717-232-6300 717-888-8888 1-800-232-6301
Presentation will be posted at www.schmidtkramer.com
Scott B. Cooper, Esquire
Allstate Prop. & Cas. V. Wolfe
• December 15, 2014
• “We conclude that the entitlement to
assert damages under Section 8371 may
be assigned by an insured to an injured
plaintiff and judgment creditor such as
Wolfe”
Section 1731
• Mandates form
• Can be on same page
• Strict compliance (Bricker p. 29, Webb p.
30)
Section 1734 Written Request for Lower Limits
• Does not contain specific form
• A Named Insured
• Applies throughout entire lifetime of policy
• Check the policy history
• Must be executed by someone with
authority
• Can be application
Is Application Good Enough?
Orsag v. Farmers says YES!
(March 2011)
Limitations of Orsag
• Still must be a writing by insured.
• Still must be authorized signature
• Brittain (p. 32)
• Applies through entire policy
(Henderson p. 32)
Section 1738
Rejection of Stacking
• Applies throughout unless you add a car
• Applies if delete a car
• Applies if replace a car
• “first named insured” must sign
• Applies to corporate but not fleet/antique
policy (Grudkowski p. 34)
• Bumbarger (p. 33)
Household/Family
Car Exclusion
Geico v. Ayers
Regular Use • Catania (p. 35)
• Ciminel (p. 36)
Workers’ Comp Exclusion
• Heller v. Penn. League
Heller Issue
• Whether or not the Honorable Court
should strike down an exclusion in
[Respondents’] policy providing that
any person receiving workers’
compensation benefits was ineligible
for UM/UIM benefits?
Co-Employee
• Erie Insurance v. Conley
Collateral Estoppel
USAA v. Hudson (p. 43)
- Bound by verdict/arbitration
- See also Gallagher v. Ohio Cas. (p. 44)
UM/UIM Trial Court Issue
• Otto v. Erie Ins. Exch. (p. 42) - venue
• Clemens (p. 45) – depositions
• Sharp (p. 46) - discovery
Damages (p. 48)
• Renner v. Progressive (p. 48)
• Pavelko v. Unitrin (p. 48)
• Roth v. Erie Ins. Co. (p. 49)
The End
See Ya
Next Year!