Recently, in Mutual Benefit V. Politsopoulos the Supreme Court found in
favor of the claimants, limiting the insurance company's use of a
coverage exclusion. In that case, the insurance company attempted to use
an Employer's Liability Exclusion to deny coverage to an individual
seriously injured in an accident. The Supreme Court ruled against the
insurance company, finding that the exclusion was not applicable.
Jim Haggerty of HGSK filed an amicus (friend of the court) Brief on behalf of the Pennsylvania
Association of Justice. In his Brief, he argued that the exclusion could
not be used to deny coverage to the injured person. The Supreme Court
favorably cited his Brief in ruling in favor of the injured person. HGSK
continues to take action to preserve the rights of injured individuals
throughout the Commonwealth of Pennsylvania.
Recently, HGSK represented an individual seriously injured in an automobile
accident. The accident occurred as the individual was exiting a bank drive-thru
window onto the roadway. A vehicle coming the opposite direction did not
yield the right of way and crashed into the driver's side door of
our client. The individual sustained various injuries requiring multiple
surgeries. The insurer for the striking vehicle maintained the position
that the accident was the fault of our client. HGSK retained accident
reconstruction experts to establish that the accident was, in fact, the
fault of the other driver. HGSK then successfully represented the other
driver in recovering $410,000.00 for him from the insurer for the striking
vehicle and his own underinsured motorist carrier. Jim Haggerty and Steve
David of HGSK handled the matter successfully on behalf of our client.