C&W Journal

December 03, 2009

Carmack Provides Exclusive Cause Of Action For Interstate Transportation Losses

Unless a shipper and carrier have a contract which excludes the Carmack Amendment, the federal statute provides the exclusive remedy for loss or damage to goods arising from the interstate transportation by a common carrier. A trucking company is a carrier, essentially, if it provided motor vehicle transportation for compensation. However, the...

December 03, 2009

Court Upholds Venue Clause in Auto Insurance Policy

In the most recent appellate case addressing the new way of litigating UM/UIM matters in Pennsylvania, the Superior Court upheld the venue clause requiring that consumers file suit in the county...

April 03, 2009

DPW Gets Serious On Lien Reimbursement In PA

Gerard J. Cipriani
Founding Partner and Firm-Wide Litigation Chair at Pittsburgh, PA

The Pennsylvania Legislature has significantly changed its rules relating to the reimbursement of Department of Public Welfare (DPW) liens for Medical Assistance (MA) payments from recoveries by...

April 03, 2009

Long Awaited UIM/UM Litigation Takes Form

For as long as most claim professionals have been in practice, all UM/UIM have been subject to the Pennsylvania Insurance Department’s mandatory arbitration requirement, forcing every unsettled...

April 03, 2009

Medicare Reporting Enforcement Begins July 1, 2009

Starting in 2009, carriers with primary responsibility for medical coverage will be required to report any settlement, judgment, award or instances in which such responsibility ceases. The...

April 03, 2009

Cost Of Cervical Surgery Scars On The Rise

The Claimant sustained disfigurement of her neck as is typical of anterior cervical surgeries and was awarded 22 weeks for disfigurement by the Workers' Compensation Judge. On appeal to the...

December 21, 2008

Feds Pass Consumer Product Safety Improvement Act Of 2008

On August 14, 2008, President Bush signed into law The Consumer Product Safety Improvement Act of 2008. The bill, which was presented and passed due in large part to the rash of children's toy...

December 21, 2008

Changes To The Americans With Disabilities Act

On September 25, 2008, President Bush signed the Americans with Disabilities Act Amendments of 2008 (“ADAA”). These new provisions to the Americans with Disabilities Act (“ADA”) will take effect...

December 21, 2008

Questions And Answers About PA’s New Medical Assistance Third-Party...

1. When is the new law effective? ANSWER: Act 2008-44 applies to lawsuits filed on or after September 2, 2008. 2. What changes are contained in the new law? ANSWER: There are two major changes....

December 21, 2008

Horseplay in the Workplace

The Claimant filed a Claim Petition alleging he sustained an injury in the course and scope of his employment. In support of his Petition, he testified that while he was walking in the Employer’s...

December 21, 2008

Claimant Must Provide Expert Testimony To Establish Disability

The Commonwealth Court in Albert Einstein Healthcare v. WCAB (Stanford), has addressed the burden of proof required from Claimant to establish disability for periods prior to their medical experts...

December 21, 2008

Receipt of Private Disability Benefits and UIM Benefits does not...

The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) was enacted to contain the rising costs of automobile insurance. Cases interpreting §1722 of the MVFRL have held that outside of...

December 21, 2008

Major Changes In Store For The New Jersey Workers’ Compensation Act

We first reported in the July, 2008 issue of “The C&W Journal” that recent public scrutiny had spurred the New Jersey State Senate to pass bills amending key provisions in the Garden State’s...

December 21, 2008

Recent Developments: Certificate Of Merit

Pennsylvania Rule of Civil Procedure 1042.3 requires that a Plaintiff in a professional liability action file a Certificate of Merit verifying that a licensed professional has determined that a...

October 21, 2008

A Glimmer of Hope For Successive Defense Petitions

It is well-known that it is difficult for an employer/carrier to prevail on a Termination Petition. However, the hurdle is even higher when the employer/carrier tried and failed then wants to take...

October 21, 2008

Watch What You Put In Your Claims Notes

Pennsylvania rules applicable to the scope of discovery of an insurance company’s file materials , 42 PA. C.S.A.§4003.3, protects “mental impressions, conclusions or opinions respecting the value...

October 21, 2008

MMI on IRE

The Commonwealth Court has issued a decision with wide ranging consequences to those cases in which an IRE has already been completed or is contemplated. In Combine, the Court ruled that if a...

October 21, 2008

Putative Ownership In Motor Vehicle Insurance Coverage

The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) defines the rights and responsibilities of motor vehicle owners with respect to the purchase and maintenance of motor vehicle...

October 21, 2008

No Duty Rule In Negligence Actions

In the case of Craig v. Amateur Softball Association of America, 951 A.2d 372 (Pa. Super. 2008), the Pennsylvania Superior Court affirmed and refined the common-law “no duty rule.” The “no duty...

October 21, 2008

Improper Venue Vs. Forum Non Conveniens

Venue considerations present thorny legal questions at the beginning of a case. Whether removing a case to federal court or to another county, a change in venue can have a significant impact on...

July 27, 2008

Major Changes Expected For New Jersey Workers’ Compensation Act

Recent public scrutiny over the present workers' compensation system has spurred the New Jersey State Senate to pass a bill amending key provisions in the Garden State’s Workers’ Compensation Act ...

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