Insureds claim (Pennsylvania) · Go Syfert
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Insureds claim in Pennsylvania

5 Pennsylvania opinions name it 2 courts 2015–2024 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
American & Foreign Insurance v. Jerry's Sport Center, Inc.green
pa · 2010 · cited in 2 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015It observes that, under Pennsylvania law, insurers are permitted and, indeed, encouraged to defend their insureds under reservations of rights to provide the insureds with a defense at the outset of the underlying tort litigation “if the factual allegations of the complaint on its face encompass an injury that is actually or potentially within the scope of the policy.” Insurer’s Brief at 35 (quoting Jerry’s Sport Center, 2 A.3d at 541 ).

2015It observes that, under Pennsylvania law, insurers are permitted and, indeed, encouraged to defend their insureds under reservations of rights to provide the insureds with a defense at the outset of the underlying tort litigation “if the factual allegations of the complaint on its face encompass an injury that is actually or potentially within the scope of the policy.” Insurer’s Brief at 35 (quoting Jerry’s Sport Center, 2 A.3d at 541).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Generette v. Donegal Mutual Insurance Company green
pa · 2008
2 sentences

2024Id. at 51-52 (citing Generette, 957 A.2d at 1189 ). 9 In addition, the Insureds claim that the exclusion violates Section 1738 of the MVFRL, i.e., the stacking provision.

2024Id. at 51-52 (citing Generette, 957 A.2d at 1189 ). 9 In addition, the Insureds claim that the exclusion violates Section 1738 of the MVFRL, i.e., the stacking provision.

12024–2024
Rush, M. v. Erie Insurance Exchange green
pasuperct · 2021
2 sentences

2022Id.

2022Id.

12022–2022
Egger v. Gulf Insurance green
pasuperct · 2004
2 sentences

2017Moreover, if an insurer relies on a policy exclusion that is reasonably susceptible to two interpretations, “it is to to be construed in favor of the insured in order not to defeat, without plain necessity, the claims to indemnity which it was the insured's object to obtain.” Egger, 864 A.2d at 1245 (quoting Peters, 213 A.2d at 218 ). - 15 - J-A12018-17 The language of the insurance policy under which the Insureds claim coverage states: A. COVERAGES 1.

2017Moreover, if an insurer relies on a policy exclusion that is reasonably susceptible to two interpretations, “it is to to be construed in favor of the insured in order not to defeat, without plain necessity, the claims to indemnity which it was the insured's object to obtain.” Egger, 864 A.2d at 1245 (quoting Peters, 213 A.2d at 218 ). - 15 - J-A12018-17 The language of the insurance policy under which the Insureds claim coverage states: A. COVERAGES 1.

12017–2017
Dauphin Deposit Trust Co. v. World Mutual Health & Accident Insurance green
pasuperct · 1965
2 sentences

2017Moreover, if an insurer relies on a policy exclusion that is reasonably susceptible to two interpretations, “it is to to be construed in favor of the insured in order not to defeat, without plain necessity, the claims to indemnity which it was the insured's object to obtain.” Egger, 864 A.2d at 1245 (quoting Peters, 213 A.2d at 218 ). - 15 - J-A12018-17 The language of the insurance policy under which the Insureds claim coverage states: A. COVERAGES 1.

2017Moreover, if an insurer relies on a policy exclusion that is reasonably susceptible to two interpretations, “it is to to be construed in favor of the insured in order not to defeat, without plain necessity, the claims to indemnity which it was the insured's object to obtain.” Egger, 864 A.2d at 1245 (quoting Peters, 213 A.2d at 218 ). - 15 - J-A12018-17 The language of the insurance policy under which the Insureds claim coverage states: A. COVERAGES 1.

12017–2017

Where else courts name it

PA 5 (2015–2024) IL 5 (2005–2022) CA 4 (1994–2021) MS 4 (1998–2013) MO 2 (1984–2014) TX 2 (1985–2009) OR 2 (2007–2024) DE 2 (2023–2023) FL 2 (2001–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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