PA Law Blogs » Erie, PA

Erie Indemnity Co. Involved in Uninsured Motorist/Underinsured Coverage Stacking Dispute

Michael Monheit — Wed, 05 Jan 2011 13:56:35 +0000

Erie Indemnity Co., one of Pennsylvania’s main insurance companies, has found itself involved in an uninsured motorist (UM) and underinsured motorist (UIM) coverage dispute, which has grasped the attention of the Insurance Department.

According to The Legal Intelligencer, a collection of plaintiffs have sued Erie Indemnity Co. for depriving them of stacked UM/UIM coverage under its household exclusion cause. A summary judgment motion was denied by a Fayette County common pleas court judge last year in August in a class action suit against Erie. While the next step seems to be trial, the insurance company seems to still be trying to get the case out of the common pleas court’s jurisdiction and into the hands of Pennsylvania’s Insurance Department.

One possible reason that Erie wants the case to be addressed by the insurance commissioner is that the company may be able to claim that all of these insurance rate exclusions are legitimate as long as they were approved by the Insurance Department.

In response to the claims of one Waynesburg, PA family who filed for stacked UIM benefits after the father was killed and the mother was seriously injured in a motorcycle accident, Erie cited a 2009 Pennsylvania Supreme Court decision. In Erie v. Baker, it was decided that an insurance policy’s household exclusion clause could bar recovery of UM/UIM benefits in a claim relating to a vehicle owned by the insured by covered by a different policy provided by another company.

In initially denying Erie’s claim that the Insurance Department had chief jurisdiction of the case, the judge argued that the case actually centered around the insurance company failing to provide coverage for which it charged its customers, and did not focus on an opposition to premiums and rate.

As this case demonstrates, insurance rate litigation is an intricate process. However, while the aftermath of any auto accident presents many challenges for those involved, especially when insurance issues arise, these cases can be resolved no matter how complex they seem at first.

Erie County Judge Receives 60-Day Suspension and Probation for Stalking

Michael Monheit — Tue, 27 Jul 2010 11:18:30 +0000

An Erie County judge will be suspended for sixty days and faces probation after being accused of stalking five women. The Legal Intelligencer reports that the magisterial district justice’s attorney provided witnesses who supported the claim that the judge has displayed signs of being socially incompetent, depressed, and obsessive compulsive.

The judge’s suspension will be unpaid, but he will still be eligible for medical benefits. The article mentions that the judge’s attorney sought probation in addition to psychiatric treatment while the prosecution suggested that he be removed from his position.

The Erie County magisterial district justice was elected in November 2005. On July 7, 2010, the court determined that the judge had tarnished the reputation of the judicial office by making four young female attorneys and a 17-year-old girl from an underage drinking citation appearance in October 2006 feel uncomfortable. He was found to have frequently called many of these women and he even visited one woman at her office without prior consent and another at her home without notice.

As this case demonstrates, a stalking crime in Pennsylvania is a serious issue that should not be taken lightly. Whether a stalking victim in Pennsylvania knows the person or not, specific laws are in place to protect victims of stalking and punish the individual convicted of unwarranted and even harmful or threatening actions.

Man Faces Prison, Fines in Dog Attack Case

Michael Monheit — Wed, 14 Jul 2010 11:24:35 +0000

Dog owners have a responsibility to their respective communities to keep their animals restrained. If a dog has been deemed dangerous or vicious, dog owners must follow regulations spelt out by the city or county ordinance – whether it’s muzzling the dog in public places or confining it to a secure place for the safety of visitors and neighbors. Being an irresponsible dog owner in Pennsylvania has its consequences.

In recent news, a 26-year-old man in Erie, Pennsylvania, is facing a seven-year prison term and $50,000 fine in connection with a dog attack case. According to a report in the Erie Times-News, the man pleaded guilty to charges stemming from the dog attack on his 3-year-old niece. The dog, a pit bull mix, attacked the little girl in September causing serious injuries.

Dog owners in Pennsylvania may not only be held civilly liable in dog attack cases. This case shows that Erie County is also criminally prosecuting negligent dog owners. Dog bite victims, especially young children are typically traumatized by the violent attacks and spend significant amounts of time recovering from the physical pain and emotional scarring. In such cases, in Pennsylvania, there are numerous resources available to assist victims protect their rights and obtain fair compensation for their injuries.

Erie Bar’s Liquor License Revoked

Deborah Forrister — Tue, 11 May 2010 15:33:31 +0000

Dram shop laws in Pennsylvania can hold individuals legally responsible for selling liquor without a valid license, selling liquor after established business hours, and selling liquor to minors. Establishments in Erie, PA that serve alcohol under a liquor license will think twice before allowing minors to enter their premises and drink after what happened to one local bar.

According to a recent GoErie.com story, a West Eighth Street bar in Erie has had its liquor license revoked after law enforcement discovered that the establishment admitted 96 underage customers within one evening. Pennsylvania takes liquor liability very seriously. Bars are responsible for how much alcohol they serve to patrons who may drive drunk and cause injury or fatal accidents. Drunk driving accidents in Erie and throughout the state of Pennsylvania are entirely preventable incidents that often end in serious injury or even death. These types of accidents are even more devastating when underage motorists are found to be drunk.

Based on the article, the commander of the Erie district office of the Pennsylvania Bureau of Liquor Control Enforcement stated that there was no option other than revoking the bar owner’s license to serve alcohol. It is understandable, then, for citizens of Erie to support the license being revoked, especially since it appears as if the bar owner neglected to consider the potential for disaster that almost 100 underage drinkers could cause if any of them decided to drive under the influence. The report mentions that the bar owner has not tried to appeal the action revoking his liquor license. Moreover, Pennsylvania’s Liquor Control Board has deprived the bar of the opportunity to pursue a renewal application for a liquor license.

While the dram shop law applied recently in Erie in relation to a bar, these laws also apply to liquor stores, restaurants, social clubs and private events where liquor is provided. Businesses that rely on alcoholic beverage sales and put their profits before concern for customers and others on the road can be civilly and even criminally prosecuted, depending on the circumstances surrounding a particular drunk driving accident. Servers of alcohol, therefore, may potentially be financially responsible for any destruction or harm that an obviously intoxicated person inflicts upon others, to himself or herself, or even to property. PA liquor liability attorneys with dram shop law experience are available to assist those injured in drunk driving accidents hold negligent parties accountable.

PennDOT Liability in Auto Accidents

Deborah Forrister — Tue, 27 Apr 2010 10:00:41 +0000

Auto accidents in Pennsylvania are an unfortunate reality and can happen in a matter of seconds. Victims of vehicle collisions often experience many life-changing consequences that present several challenges to overcome on a financial, emotional and physical level. Even the safest of drivers may find themselves unable to control a vehicle well enough to prevent an accident, especially during inclement weather. While it’s true that driver inattention causes a handful of car accidents in Erie and throughout Pennsylvania, a recent accident settlement serves as a reminder that government agencies may be held liable for negligent actions that contribute to an accident taking place.

According to an Associated Press report, the Pennsylvania Department of Transportation has been held legally responsible for failing to warn drivers of snowy conditions on Interstate 90 in relation to a 62-vehicle pileup that took place in January of 2007, killing one truck driver.

The settlement requires the PennDOT to pay $50,000 as the outcome of the Erie County wrongful death suit filed by the parents of the 43-year-old trucker. The parents of the deceased truck driver also filed suit against another trucking company whose driver has been implicated for the pileup. To further emphasize how complex wrongful death and personal injury litigation can be when multiple parties are involved, the report mentions that the trucking company and others involved in the multi-vehicle crash countersued and also put the blame on PennDOT. Victims of Erie auto accidents and family members of wrongful death victims may find it helpful and beneficial for their potential case to seek legal counsel from an Erie, PA personal injury attorney who can ensure that the fine details of a case are organized appropriately.

While there is no implication that PennDOT intentionally failed to warn drivers fittingly about snowy weather conditions, the government agency has an important responsibility of making sure that weather warnings are issued in a timely and efficient manner. Similarly, if a dangerous road condition in Pennsylvania goes unnoticed for an extended period of time, thus worsening and contributing to a vehicle accident occurring, the entity responsible for maintaining that roadway may be held liable as well.