I have been informed that, on July 7, 2011, the Superior Court granted Erie Insurance's Motion to Convert the Pennsylvania Superior Court's Memorandum Opinion in Erie Ins. Exchange v. Conley to a Published Opinion (as per Pa. R.A.P. 3519). I thank Attorney Suzanne Tighe of the Scranton office of Swartz Campbell for the heads-up in this regard.
In that decision, the Superior Court upheld the trial court decision of Allegheny County Court of Common Pleas Judge Alan Hertzberg denying a claimant's UIM and/or UM claim on the basis of the worker's compensation exclusivity provision where the claimant was injured by his employer during the course and scope of his employment. Here's the more detailed Tort Talk post on that case:
http://www.torttalk.com/2011/06/pennsylvania-superior-court-affirms.html
Now that Erie v. Conley has been converted to a published Opinion, it can be cited as valid precedent. Anyone desiring a copy of this decision may contact me at dancummins@comcast.net.
Tuesday, July 12, 2011
Superior Court Converts Erie Insurance Exchange v. Conley to a Published Opinion
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