On June 3, 2020, I participated in Pennsylvania Superior Court history by attending the first ever virtual/online en banc argument session for this Court.
The case was Fisher v. Erie Insurance, which involved a request for the appellate court to review an order of the trial court calling for the completion of an in camera review of documents created by Erie's counsel while assisting the carrier in the investigation and evaluation of a UIM claim. Erie had objected to the request for the production of the documents by asserting the attorney-client privilege and the privilege afforded by the attorney work product doctrine.
I drafted the amicus curiae brief submitted on behalf of the Pennsylvania Defense Institute. Here is a LINK to the amicus curiae Brief I wrote on behalf of Erie Insurance.
Erie Insurance is being represented in the underlying matter by the Pittsburgh law firm of Robb, Leonard, Mulvihill, LLP, and the appellate argument for Erie Insurance was handled by Attorney Lou Long of the Pittsburgh office of Thomas, Thomas & Hafer.
The Plaintiffs were represented by Attorney Joseph J. Nypaver of Holidaysburg, PA.
The en banc court took the matter under advisement.
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