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C&W Journal

May 08, 2012

Med-Pay Barred by Regular Use Exclusion

In Vann v. Mercury Indemnity Co. of Amer ., the New Jersey Superior Court, Appellate Division, in an unpublished decision 1, held that the regular use exclusion in the plaintiff’s personal automobile policy of insurance precluded him from recovering “med-pay” benefits when he was involved in a motor vehicle accident while operating a work vehicle...

May 08, 2012

Hey, You Owe Me! - Equitable Contribution Among Insurers

In Potomac Ins. v. PMA , the New Jersey Superior Court, Appellate Division, held that One Beacon Insurance Company (One Beacon) could institute an action seeking to recover defense costs from the...

March 01, 2012

No Punitives for Talking on Cell Phone While Driving

The matter of Xander v. Kiss , 2012 WL 168326, venued in the Court of Common Pleas of Northampton County, Pennsylvania, involved the novel issue of whether an alleged tortfeasor could be subject...

March 01, 2012

Supreme Court Revisits the Retained Control Exception to Rule...

The Pennsylvania Supreme Court has recently “retained control” exception to the general rule that a property owner who employs an independent contractor is not liable for injuries to the employees...

March 01, 2012

The Importance of Jurisdiction in Workers’ Compensation Claims

With the recent oil and natural gas developments, jurisdictional issues are increasingly beginning to arise; Pennsylvania and related workers’ compensation claims are no exception. Recently, two...

March 01, 2012

Commonwealth Court Addresses the Suspension of Workers’...

Pennsylvania has long recognized an employer’s right to a suspension of benefits where the claimant has voluntarily withdrawn from the labor market. Recently, the Commonwealth Court addressed...

March 01, 2012

Commonwealth Court Emphasizes Employer’s Burden in Voluntary...

Under the Pennsylvania Workers’ Compensation Act and a myriad of case law, several bases exist upon which the indemnity benefits of an employee, who suffers from residual disability, may be...

March 01, 2012

From the Emerald City to the Steel City Rebecca Sember Izsak — an...

THIS C&W JOURNAL PROFILE HIGHLIGHTS CIPRIANI & WERNER’S PITTSBURGH, PENNSYLVANIA, OFFICE There is no place like home. This is exactly what Rebecca Sember Izsak thought after she was...

March 01, 2012

Event Data Recorders—Past, Present, and Future

It has been well over a decade since the introduction of the event data recorder (EDR) in passenger vehicles and light trucks. General Motors was the first notable manufacturer to publicly...

March 01, 2012

Taking Medicare’s Interests Into Consideration . . . Or Not

“We must take Medicare’s interests into consideration …” This is a constant refrain uttered by settling parties and parties dealing with the payment of jury verdicts. There is ongoing confusion as...

March 01, 2012

The Pennsylvania Tort Claims Act: An Evolving Membership

The Pennsylvania Tort Claims Act provides immunity to certain classes of entities. Certain entities have historically been deemed to be within the class entitled to the immunity afforded by the...

March 01, 2012

Defense Win! Appellate Division Holds That Expert Opinion of...

Davis v. Barkaszi, 2012 N.J. Super. LEXIS 15 (App.Div. Feb. 9, 2012), defendant bar appealed an unfavorable jury verdict claiming that, inter alia, the trial judge excluded important evidence...

March 01, 2012

Pennsylvania Amends Oil & Gas Act Creating a More Favorable...

On February 8, 2012, House Bill 1950 was passed by the Pennsylvania General Assembly, and six days later on Tuesday February 14, 2012, the bill was signed into law by Governor Corbett. This bill...

March 01, 2012

Cipriani & Werner Obtains Dismissal of Personal Injury Claim...

Attorney Adam L. Seiferth, for Cipriani & Werner, PC, successfully defended a convenience mart against a claim that plaintiff was injured due to defective exterior steps. Plaintiff parked her...

January 05, 2012

Cipriani & Werner Wins Appeal Before the Commonwealth Court...

Cipriani & Werner recently represented Allegis Group in Allegis Group v. WCAB (Coughenaur) , Pa. Commw. No. 977 C.D. 2010, filed October 20, 2010, in which the Commonwealth Court outlined the...

January 05, 2012

Jury Confirms No Negligence For C&W Client

On December 13, 2011, following a two day jury trial in York County, Pennsylvania, Adam L. Seiferth of Cipriani & Werner, P.C. obtained a defense verdict for the client. The plaintiff, who was...

January 05, 2012

Medical Provider Applications In New Jersey WC

The New Jersey Workers’ Compensation Court recently issued an opinion in the matter of Burn Surgeons of St. Barnabas v. Shop Rite concerning the payment of medical treatment in the context of a...

January 05, 2012

Positively Bullish on Positive Work Order Defense

While we typically think of workers’ compensation as an arena where the fault of the injured worker plays no part, Section 301(a), 77 P.S.§431, of the Pennsylvania Workers’ Compensation Act (Act)...

January 05, 2012

Switch and Re-Switch: Superior Court Changes Mind Twice and Extends...

On November 23, 2011, an en banc panel of the Pennsylvania Superior Court in Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity, 2011 PA Super 251 (Pa. Super. Ct. 2011), overturned a...

January 05, 2012

Traffic Violation Alone Insufficient to Maintain Punitive Damage...

In Jacoby v. Sims, 101 Luz. Reg Reports 46 (Van Jura, J. ,2011), defendant filed Preliminary Objections to strike any and all claims of recklessness and/or punitive damages from the plaintiff’s...

January 05, 2012

Escape From Philadelphia County: Part II

Proper venue is determined by the Pennsylvania Rules of Civil Procedure. For corporations, the rules dictate that litigation can only be commenced in the county where the cause of action arose;...

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