BRENDA JONES, individually and on behalf of all others similarly situated v. INSURANCE COMPANY APPEAL OF: BRENDA JONES

BRENDA JONES, individually and on behalf of all others similarly situated v. INSURANCE COMPANY APPEAL OF: BRENDA JONES No. 3051 EDA 2008 2010 PA Super 90 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Order entered October 17, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at July Term, 2008 – No. 1599.
Before: BOWES, OLSON and FITZGERALD, JJ.
Opinion by: OLSON, J.
In this class action case, Appellant Brenda Jones appeals from the order entered on October 17, 2008, granting preliminary objections in the nature of a demurrer filed by Appellee Nationwide Property and Casualty Insurance Company (Nationwide). We affirm.

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CYNTHIA A. NORDI, AN INDIVIDUAL v. KEYSTONE HEALTH PLAN WEST INC., AND HIGHMARK, INC.

CYNTHIA A. NORDI, AN INDIVIDUAL v. KEYSTONE HEALTH PLAN WEST INC., AND HIGHMARK, INC. No. 1476 WDA 2008 2010 PA Super 11 Atlantic: n/a Filed: 1/22/2010
	Appeal from the Order entered August 26, 2008 In the Court of Common Pleas of Allegheny County Civil Division at No. GD-04-3664
Before: BENDER, BOWES AND CLELAND, JJ.
Opinion by: CLELAND, J.
Appellant Cynthia A. Nordi (Nordi) appeals the order of the Allegheny County Court of Common Pleas granting the summary judgment motions of Appellees Keystone Health Plan West, Inc. (Keystone) and Highmark, Inc. (Highmark) in a dispute over the extent of health insurance coverage provided by Keystone under an HMO plan administered, in part, by Highmark under a Service Agreement. The parties’ dispute requires us to address whether the Appellees violated the insurance “bad faith” statute, 42 Pa.C.S.A. § 8371, and whether an HMO is exempted from the bad faith statute by the Health Maintenance Organization Act, 40 P.S. §§ 1551-1567 (HMO Act). For reasons that follow, we affirm.

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LEVAN JOHNSON, SR. v. PROGRESSIVE INSURANCE COMPANY

LEVAN JOHNSON, SR. v. PROGRESSIVE INSURANCE COMPANY No. 3173 EDA 2008 2009 PA Super 255 Atlantic: n/a Filed: 12/28/2009
	Appeal from the Order entered September 26, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): June Term, 2007, No 2307
Before: BOWES, PANELLA, and FITZGERALD, JJ.
Opinion by: BOWES, J.
On appeal, Levan Johnson assails the propriety of the trial court’s grant of summary judgment in favor of Progressive Insurance Company on Appellant’s statutory bad faith insurance claim. We hereby affirm.

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ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE

ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE No. 536 EDA009 2009 PA Super 236 Atlantic: n/a Filed: 12/8/2009
	Appeal from the Order Entered January 13, 2009 In the Court of Common Pleas of Carbon County Civil at No(s): 07-1991
Before: FORD ELLIOTT, P.J., PANELLA, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this declaratory judgment action involving a coverage question under the Motor Vehicle Financial Responsibility Law (“MVFRL”), 75 Pa.C.S.A. §§ 1701 et seq., Erie Insurance Exchange (“Erie”) appeals from the Order granting summary judgment in favor of Donna and Charles Larrimore and against Erie. We affirm.

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AMANDA E. PUSL v. MATTHEW J. MEANS AND G & J WELDING & MACHINE COMPANY

AMANDA E. PUSL v. MATTHEW J. MEANS AND G & J WELDING & MACHINE COMPANY No. 596 WDA 2008 2009 PA Super 192 Atlantic: n/a Filed: 9/23/2009
	Appeal from the Judgment February 28, 2008, In the Court of Common Pleas of Jefferson County, Civil Division at No. 58-2004 C.D.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Concurring Statement by: FREEDBERG, J.
Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County. Upon review, we affirm.

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REGIS INSURANCE COMPANY v. ALL AMERICAN RATHSKELLER, INC.; JASON, RYAN, CHRIS, CURTIS ROSENGRANT; COLIN HAUGHTON, GRACE JIMINEZ, ADMISTRATRIX OF THE

REGIS INSURANCE COMPANY v. ALL AMERICAN RATHSKELLER, INC.; JASON, RYAN, CHRIS, CURTIS ROSENGRANT; COLIN HAUGHTON, GRACE JIMINEZ, ADMISTRATRIX OF THE ESTATE OF SALVADORE PETER SERRANO, AND BROOKE E. MORGAN No. 773 MDA 2007 2009 PA Super 99 Atlantic: n/a Filed: 5/28/2009
	Appeal from the Judgment entered April 9, 2007, Court of Common Pleas, Centre County, Civil Division at No. 2004-4369
Before: FORD ELLIOTT, P.J., DONOHUE and POPOVICH, JJ.
Opinion by: DONOHUE, J.
Appellant Regis Insurance Company (“Regis”) filed this declaratory judgment action to resolve a dispute over the extent of its coverage obligations to Appellee All-American Rathskeller (“Rathskeller”) under a Special Multi-Peril Policy. The trial court granted summary judgment to Rathskeller. In this appeal, Regis contends that the trial court erred in doing so and should instead have granted summary judgment in its favor or allow the declaratory judgment action to proceed to trial. After careful review, we reverse the entry of summary judgment in favor of Rathskeller and remand with instructions to enter summary judgment in favor of Regis.

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Superior Court - CLAIRE L. KROPA v. GATEWAY FORD, RICHARD F. ADAMS, DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY, and SEDGWICK CLAIMS MANAGEMENT

CLAIRE L. KROPA v. GATEWAY FORD, RICHARD F. ADAMS, DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY, and SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. No. 1446 MDA 2008 2009 PA Super 91 Atlantic: 974 A.2d 502 Petition for Reargument Denied 7/21/2009 Filed: 5/15/2009
	Appeal from the Order Entered on July 21, 2008, In the Court of Common Pleas of Wyoming County, Civil at No(s): 2007-00990
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant, Claire Kropa, appeals from the order entered on July 21, 2008, granting summary judgment in favor of Gateway Ford (“Gateway”) and Appellee, Discover Property & Casualty Insurance Company (“Discover”). We affirm.

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Superior Court - ZURICH AMERICAN INSURANCE COMPANY v. MICHAEL O’HANLON, STEVEN GARFINKEL, JOHN BOYLE, TERRY CADY, RICHARD MILLER, ANTHONY TUREK,

ZURICH AMERICAN INSURANCE COMPANY v. MICHAEL O’HANLON, STEVEN GARFINKEL, JOHN BOYLE, TERRY CADY, RICHARD MILLER, ANTHONY TUREK, GERALD COHN, NATHAN SHAPIRO, WILLIAM GOLDBERG, HARRY T.J. ROBERTS, JOHN MCHUGH, PHILIP JACKSON, MATTHEW GOLDENBERG, MATTHEW COLASANTI, LISA CRUIKSHANK, RAYMOND FEAR, KENNETH GROSSMAN, CEDAR STREET FUND, CEDAR STREET, OFFSHORE FUND, WM HIGH YIELD FUND, WM INCOME FUND, AT HIGH YIELD FUND, WM VT FUND, AT INCOME FUND, EVERGREEN FUNDING LTD., STELLAR FUNDING LTD., DENNIS BUCKLEY, FLEET NATIONAL BANK APPEAL OF: DENNIS BUCKLEY, THE TRUSTEE OF THE DVI LIQUIDATING TRUST No. 1193 EDA 2008 2009 PA Super 42 Atlantic: 968 A.2d 765 Filed: 3/16/2009
	Appeal from the Order Entered March 17, 2008 In the Court of Common Pleas of Philadelphia County Civil Division at No.: February Term, 2006 No. 001948
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
Dennis Buckley, the Trustee of the DVI Liquidating Trust, appeals from the order granting summary judgment in favor of Zurich American Insurance Company in Zurich’s action in equity against the Trustee in which Zurich sought reformation of an insurance policy that it issued to DVI, Inc. For the reasons that follow, we affirm.

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Superior Court 9/22/08 - RICHARD BETZ AND DONNA BETZ v. ERIE INSURANCE EXCHANGE

RICHARD BETZ AND DONNA BETZ v. ERIE INSURANCE EXCHANGE
No. 3067 EDA 2007 2008 PA Super 221 Atlantic: n/a Filed: 9/22/2008
Appeal from the Judgment Entered January 3, 2008 In the Court of Common Pleas of Philadelphia County Civil Division at No.: No. 1247 September Term, 2005
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Erie Insurance Exchange appeals the judgment in favor of Richard Betz and Donna Betz (the Betzes), which awarded damages on the Betzes’ claims for insurance coverage under a “Sinkhole Collapse” endorsement to the Betzes’ homeowners’ insurance policy. Initially, Erie raises multiple claims of error in support of an award of a new trial. These claims include, inter alia, error in finding the Sinkhole Collapse endorsement legally ambiguous, apportioning the burden of proof to demonstrate coverage under the policy, admitting certain testimony of the Betzes’ expert while restricting other testimony by Erie’s expert, instructing the jury concerning exclusions under Erie’s policy of insurance, and refusing special interrogatories to the jury. In addition, Erie asserts that the trial court should properly have entered judgment notwithstanding the verdict, and the court abused its discretion in denying Erie’s motion for remittitur. Upon review, we find Erie’s claims without merit. According, we affirm the judgment of the trial court.

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