The case involved a dispute over whether an automobile insurance policy's uninsured/underinsured motorist coverage for 'compensatory damages' required the insurer to pay delay damages awarded under Pennsylvania Rule of Civil Procedure 238 in addition to the compensatory damages portion of a verdict against an uninsured motorist. The plaintiff had obtained a verdict allocating $85,000 in compensatory damages and $48,201.96 in delay damages, but Nationwide refused to cover the latter. The court denied the insurer's motion to dismiss the declaratory judgment claim, finding the policy ambiguous because it neither defined compensatory damages nor excluded delay damages, and because the policy must be read as a whole in light of the rule's language adding delay damages to the compensatory award. The court granted the motion to dismiss the bad faith claim.
This case arose when Stephen Ruder, an art teacher employed by Pequea Valley School District since 2000, was terminated after disclosing his Crohn's disease diagnosis in 2004 and requesting related accommodations and medical leave. Ruder sued the school district, its employees, and his medical provider (RGAL) alleging ten counts including civil rights violations under §1983, ADA and FMLA breaches, state human relations act claims, and various torts such as defamation, invasion of privacy, and intentional infliction of emotional distress. The court addressed motions to dismiss from both sets of defendants and granted them in part and denied them in part. The core reasoning evaluated whether each count stated a plausible claim, examining issues such as the adequacy of medical authorization under HIPAA for record disclosures, the sufficiency of allegations for disparate treatment and First Amendment violations, and the elements required for tort claims like intrusion upon seclusion.
This case involves a dispute between Pacific Employers Insurance Company (PEIC), a Pennsylvania insurer, and AXA Belgium, a Belgian reinsurer, over alleged breaches of obligations under a 1978 reinsurance agreement originally negotiated in California through PEIC's agent. PEIC sued in Pennsylvania federal court claiming ongoing reimbursement duties, but AXA Belgium moved to dismiss for lack of personal jurisdiction under Rule 12(b)(2) or forum non conveniens. The court granted the motion to dismiss, concluding that AXA Belgium did not have sufficient minimum contacts with Pennsylvania. The core reasoning was that the contract and all initial dealings occurred in California with no jurisdiction clause, while later payments, audits, and communications in Pennsylvania stemmed solely from PEIC's unilateral move there after 1992 and did not show purposeful availment.
This case involves cross-appeals from a bankruptcy court's rulings on a request for attorney's fees and costs under 11 U.S.C. § 303(i) after the dismissal of an involuntary Chapter 7 bankruptcy petition filed against Jeanne S. Diloreto by the Liquidator of Nassau Insurance Company. The bankruptcy court awarded Diloreto $82,150 in fees and $8,770.30 in costs but denied her claim for bad faith damages. The district court affirmed, holding that the bankruptcy judge did not err in law, fact, or discretion when exercising the broad authority granted by the statute to award reasonable fees based on the totality of the circumstances, including the Liquidator's large claim and limited prosecution of the petition, and when denying a setoff that would undermine the statute's purpose.
