policy clause in Pennsylvania

2024Recognizing that the presumption applies “only where the underlying policy of the presumption, i.e., to preserve marriages, would be advanced by its application,” Trial Court Opinion, 5/27/2022, at 5 (unpaginated) (quoting Brinkley v. King, 701 A.2d 176, 179 (Pa. 1997) (plurality)),6 the trial court examined Superior Court case law holding that the presumption is inapplicable where the marriage in question does not require protection.

2019The presumption “applies only where the underlying policy of the presumption, i.e., to preserve marriages, would be advanced by its application.” Id.; accord Vargo, 940 A.2d at 463 (citing Brinkley, 701 A.2d at 181 ).

2024Id. at 6-7 (discussing B.S. v. T.M., 782 A.2d 1031, 1037 (Pa. Super. 2001) (presumption 5 Due to this Court’s concern for the best interests of the child, court orders directing blood tests to determine paternity are immediately appealable, even though they are interlocutory.

2019Id. at 181 ; see B.S. , 782 A.2d at 1035 n.3.

2024“An employer seeking to prove willful misconduct by a policy violation must demonstrate the existence of the policy, its reasonableness, and its violation.” Klampfer v. Unemployment Compensation Board of Review, 182 A.3d 495, 500 (Pa. Cmwlth. 2018).

2022Bd. of Rev., 182 A.3d 495, 500 (Pa. Cmwlth. 2018).

2013See Allen, 692 A.2d at 1094 (“[T]he obligation to defend an action brought against the insured is to be determined solely by the allegations of the complaint in the action....”); Gene’s Restaurant, Inc. v. Nationwide Ins.

2010See Allen, 692 A.2d at 1094 ("[T]he obligation to defend an action brought against the insured is to be determined solely by the allegations of the complaint in the action. . . ."); Gene's Restaurant, Inc. v. Nationwide Ins.

1982See Tobias v. Tobias, 248 Pa.Superior Ct. 168, 374 A.2d 1372 (1977).

1982See Tobias v. Tobias, 248 Pa.Superior Ct. 168, 374 A.2d 1372 (1977).

1988Citing Flightways Corp v. Keystone Helicopter Corp., 459 Pa. 660 , 331 A.2d 184 (1975) the court in Rocca noted that judicial inquiry in a case where arbitration is sought pursuant to an agreement is limited to determining whether there was an agreement to arbitrate and whether the current dispute comes within the ambit of the arbitration provision.

1988Citing Flightways Corp v. Keystone Helicopter Corp., 459 Pa. 660 , 331 A.2d 184 (1975) the court in Rocca noted that judicial inquiry in a case where arbitration is sought pursuant to an agreement is limited to determining whether there was an agreement to arbitrate and whether the current dispute comes within the ambit of the arbitration provision.

2024“An insurer may not justifiably refuse to defend a claim against its insured unless it is clear from an examination of the allegations in the complaint and the language of the policy that the claim does not potentially come within the coverage of the policy.” Jerry’s Sport Ctr., 2 A.3d at 541 ; see also Arnold, 214 A.3d at 695. “[T]he duty to defend is not limited to meritorious actions; it even extends to actions that are groundless, false, or fraudulent as long as there exists the possibility that the allegations - 20 - J-A08018-24 J-A08019-24 J-A08020-24 implicate coverage.” Jerry’s Sport C

2024“An insurer may not justifiably refuse to defend a claim against its insured unless it is clear from an examination of the allegations in the complaint and the language of the policy that the claim does not potentially come within the coverage of the policy.” Jerry’s Sport Ctr., 2 A.3d at 541 ; see also Arnold, 214 A.3d at 695. “[T]he duty to defend is not limited to meritorious actions; it even extends to actions that are groundless, false, or fraudulent as long as there exists the possibility that the allegations - 20 - J-A08018-24 J-A08019-24 J-A08020-24 implicate coverage.” Jerry’s Sport C

2024Co., 27 A.3d at 265 (citations omitted; emphasis added); see also id. (“An insurer may not justifiably refuse to defend a claim against its insured unless it is clear from an examination of the allegations in the complaint and the language of the policy that the claim does not potentially come within the coverage of the policy.”) (emphasis added; citation omitted).

2024Co., 27 A.3d at 265 (citations omitted; emphasis added); see also id. (“An insurer may not justifiably refuse to defend a claim against its insured unless it is clear from an examination of the allegations in the complaint and the language of the policy that the claim does not potentially come within the coverage of the policy.”) (emphasis added; citation omitted).

2021In support, Employer relies on Jarvis v. Workmen’s Compensation Appeal Board (Phoenix Assurance Company of New York), 441 A.2d 1189, 1190 (Pa. 1982), in which the Pennsylvania Supreme Court held that a workers’ compensation insurer that breached its duty to provide an annual renewal premium notice to the insured employer was estopped from asserting the expiration of the policy as a bar to a widow’s recovery for the death of her employee-husband.

2019See Perfetto, 169 A.3d at 1127 (“[T]he process of prosecuting summary offenses separately from more serious offenses is not likely to constitute the sort of ‘harassment’ that compulsory joinder is designed to prevent.”). [J-105-2018][M.O. – Baer, J.] - 3 (holding that the Double Jeopardy Clause of the United States Constitution does not bar successive prosecutions, although the charges in the serial proceedings may be based on the same conduct, when they entail different elements); accord Commonwealth v. Jones, 542 Pa. 464 , 505 n.24, 668 A.2d 491 , 511 n.24 (1995).

2019See Perfetto, 169 A.3d at 1127 (“[T]he process of prosecuting summary offenses separately from more serious offenses is not likely to constitute the sort of ‘harassment’ that compulsory joinder is designed to prevent.”). [J-105-2018][M.O. – Baer, J.] - 3 (holding that the Double Jeopardy Clause of the United States Constitution does not bar successive prosecutions, although the charges in the serial proceedings may be based on the same conduct, when they entail different elements); accord Commonwealth v. Jones, 542 Pa. 464 , 505 n.24, 668 A.2d 491 , 511 n.24 (1995).

2019See Perfetto, 169 A.3d at 1127 (“[T]he process of prosecuting summary offenses separately from more serious offenses is not likely to constitute the sort of ‘harassment’ that compulsory joinder is designed to prevent.”). [J-105-2018][M.O. – Baer, J.] - 3 (holding that the Double Jeopardy Clause of the United States Constitution does not bar successive prosecutions, although the charges in the serial proceedings may be based on the same conduct, when they entail different elements); accord Commonwealth v. Jones, 542 Pa. 464 , 505 n.24, 668 A.2d 491 , 511 n.24 (1995).

2019See United States v. Dixon, 509 U.S. 688, 696, 711-12 , 113 S. Ct. 2849, 2856, 2864 (1993) 2 Although, as the majority emphasizes, Beatty focused on the now-excised jurisdictional language in Section 110, I see no reason to view the jurisdictional terminology in Section 112 in any different light. 3 I also agree with the additional policy analysis discussed by Judge Moulton.

2019See United States v. Dixon, 509 U.S. 688, 696, 711-12 , 113 S. Ct. 2849, 2856, 2864 (1993) 2 Although, as the majority emphasizes, Beatty focused on the now-excised jurisdictional language in Section 110, I see no reason to view the jurisdictional terminology in Section 112 in any different light. 3 I also agree with the additional policy analysis discussed by Judge Moulton.

2019Brinkley, 701 A.2d at 181 (finding that the underlying policy of the preservation of marriage was not served where husband and wife were divorced at the time paternity complaint was filed); see also Fish v. Behers, 741 A.2d 721, 732 (Pa. 1999).

2019The presumption “applies only where the underlying policy of the presumption, i.e., to preserve marriages, would be advanced by its application.” Id.; accord Vargo, 940 A.2d at 463 (citing Brinkley, 701 A.2d at 181 ).

2019Therefore, where there is no -5- J-S28018-19 “intact family or a marriage to preserve, then the presumption of paternity is not applicable.” Vargo, 940 A.2d at 463 .

2017Guthrie v. Unemployment Compensation Board of Review, 738 A.2d 518, 522 (Pa. Cmwlth. 1999).

2017The PIAA contends Pennsylvania courts hold “[t]he enunciation of matters of public policy is fundamentally within the power of the legislature.” Lurie v. Republican Alliance, 192 A.2d 367, 370 (Pa. 1963).

2017See Gula, 926 A.2d at 451 (affirming summary judgment in favor of insurer, finding no duty to defend or indemnify where insured failed to satisfy prerequisites for coverage such as applicability of the policy to the claim in question).