First Party Auto Carriers Held to Have Duty to Reduce Medical Expenses Before Paying

In the notable Lawrence County Court of Common Pleas decision of Pavelko v. Unitrin Direct Auto Ins., No. 11190 of 2012 (C.P. Lawrence June 12, 2014 Cox, J.), Judge Craig Cox overruled a defendant first party auto insurance carrier's preliminary objections allowing an insured to proceed on a claim that the first party carrier's failure to pay reduced medical expense in accordance with Section 1797(a) of the Motor Vehicle Financial Responsibility Law resulted in a premature exhaustion of the insured's first party medical benefits.

The Lawrence County trial court ruled that first party carriers had a duty to follow the law and pay the properly reduced amounts.  In his decision, Judge Cox rejected the carrier's contention that this failure to re-price medical expenses did not amount to a valid cause of action.

Anyone wishing to review this first party decision may click HERE.

I send thanks to Attorney Scott Cooper of the Harrisburg law firm of Schmidt Kramer for bringing this case to my attention.

Various Tort Talk Scorecards Recently Updated

I have updated the Post-Koken Scorecard, the Facebook Discovery Scorecard, and the Products Liability Restatement Scorecard which can all be found on the Tort Talk webpage and accessed for free any time.

If interested, just go to Tort Talk at www.TortTalk.com and scroll down the right hand column and click on the dates noted under each Scorecard listing to be taken to that particular Scorecard.

TORT TALK EXPO 2014

 

MOHEGAN SUN CASINO AND HOTEL

 

September 26, 2014

 

(3 Substantive, 1 Ethics Credit)

The recent updates on these Scorecards will be covered at the upcoming September 26th Tort Talk Expo 2014, with CLE Seminar and Cocktail Reception, at the Mohegan Sun Casino in Wilkes-Barre, PA.  Click HERE   for the Seminar Agenda and THIS REGISTRATION LINK to Register.  You may also register by emailing me and sending payment to my attention.  Thanks.

Lay Witness Testimony on Speed Need Not Be Precise

In the case of Melgar v. Weinstein, No. 3:12-cv-1916 (M.D. Pa. May 23, 2014 Caputo, J.), Federal Middle District Judge A. Richard Caputo denied summary judgment in an automobile accident negligence matter based upon disputed testimony regarding the speed of the vehicle involved in the accident.  

 

This case is notable for the acknowledgement by the court that lay witnesses may testify regarding vehicle speed generally and without the need for precise accuracy in stating the speed witnessed.  More specifically, in this matter, there is deposition testimony that the speed limit was 45 mph and there were witnesses that stated that the vehicles involved were moving at approximately 50-60 mph at the time of the accident in a tunnel.  

Anyone wishing to review this Opinion may click this LINK.

 

Copy of UIM Collateral Estoppel Case Secured

I was able to secure a copy of the USAA v. Hudson Delaware County Court of Common Pleas UIM collateral estoppel decision summarized in a recent Tort Talk post.

Anyone wishing to review the same may click this LINK.

Visit Tort Talk Blog to Sign Up for Tort Talk Expo 2014 CLE Seminar

The September 26, 2014 Tort Talk Expo 2014 CLE Seminar (3 Substantive, 1 Ethics Credit) is fast approaching.

Please visit the Tort Talk blog at www.TortTalk.com and click the LINKS in the upper right hand corner to view the Agenda for the upcoming Tort Talk Expo 2014, Register online, and/or reserve a Hotel Room at the Mohegan Sun Casino and Hotel.

You may also register by sending payment made out to "Tort Talk" to:

Daniel E. Cummins, Esq.
Foley, Comerford & Cummins
507 Linden Street
Suite 700
Scranton, PA 18503


Thanks for reading Tort Talk.  Hope to see you at the Expo!

Another UIM Collateral Estoppel Case Uncovered

In the recent case of USAA v. Hudson, 101 Del. 154 (C.P. Del. Co. Feb. 21, 2014), the Court ruled that collateral estoppel precludes a re-litigation of an action in which the insured seeks UIM coverage when the same issue was previously litigated, even though the award may have been less than the policy limits.

I do not have a copy of this one but should anyone out there have a copy they can share with me, I will share it with the masses. 

SEATS FILLING UP: Register Now for Next Month's Tort Talk Expo 2014

PLEASE SAVE THE DATE

 

September 26, 2014

 

TORT TALK EXPO 2014

 

Mohegan Sun Casino and Hotel

Wilkes-Barre, PA

 

(3 Substantive, 1 Ethics Credit)

 

 

 

 

 

PROGRAM TO INCLUDE:

 

 

12:00 pm - 1:00 pm 

"Back to School"

A TORT TALK AUTO LAW/CIVIL LITIGATION UPDATE

by

Daniel E.  Cummins, Esq.

FOLEY, COMERFORD & CUMMINS

 

 

 

1:00 pm - 2:00 pm 

BAD FAITH UPDATE

by

 

Timothy G. Lenahan, Esq.

LENAHAN & DEMPSEY

 

Scott B. Cooper, Esq.

SCHMIDT KRAMER 

 

Neil T. O'Donnell, Esq.

O'DONNELL LAW OFFICES

Moderator: Daniel E. Cummins, Esq.

FOLEY, COMERFORD & CUMMINS

 

 

 {BREAK: 2:00 pm - 2:15 pm}

 

 

  2:15 pm - 3:15 pm

MEDICAL HOUR

with

 

Dr. Lucian Bednarz  - Physiatrist - on RSD

and

Dr. Paul Horchos  - Physiatrist - on Post-concussion Syndrome

NORTHEASTERN REHABILITATION ASSOCIATES

 

 

 {BREAK:  3:15 pm - 3:30 pm}

 

 

 3:30 pm - 4:30 pm

VIEW FROM THE BENCH

Ethical Considerations

for

Settlement Conferences

and

Jury Selection

 

Moderator:  Paul Oven, Esq.

Dougherty, Leventhal & Price

 

 

JUDICIAL PANELISTS

Pennsylvania Superior Judge Court David N. Wecht

Luzerne County Judge Richard M. Hughes,

Lackawanna County Judge A. James Gibbons

U.S. Federal Middle District Court Judge Malachy E. Mannion

U.S. Federal Middle District Magistrate Judge Karoline Mehalchick

 

 

 

 

 4:30 pm - 6 pm

POST-SEMINAR COCKTAIL RECEPTION

 

 

THIS YEAR'S CLE SEMINAR WILL BE HELD IN A BALLROOM IN THE NEW HOTEL and SPA AREA AT THE MOHEGAN SUN

TABLE VENDOR SPONSORS TO DATE (Alphabetical):

 

At The Scene

www.atthescene.com

 

Courtside Documents

www.courtsidedoc.com

 

Exhibit A

www.exhibitadigital.com

 

FindLaw/THOMPSON REUTERS

www.lawyermarketing.com

 

 

LexisNexis

www.lexisnexis.com



Medical Legal Reproductions

www.medleg.com

 

 

Network Deposition Services

www.ndsreporting.com

Northeastern Rehabilitation Associates

www.nerehab.com

RecordTrak

www.recordtrak.com

Robson Forensic

www.robsonforensic.com

 

The MCS Group

www.themcsgroup.com

 

As in the past, there will again be door prizes and raffle prizes.

 

 

Vendor tables are still available on first-come, first-serve basis.  Other sponsorship/advertising opportunities available for service providers in the CLE written materials for service providers.  (contact Dan Cummins at dancummins@comcast.net for more details).

 

 

NEW this year will be the availability of a block of HOTEL ROOMS at the NEW Mohegan Sun Casino Hotel and Spa located on the property. 

 

 

CLICK HERE TO REGISTER ONLINE
or mail check made out to "Tort Talk" and the below form to:
Daniel E. Cummins
Foley, Comerford & Cummins
507 Linden Street
Suite 700
Scranton, PA 18503

NAME: ___________________________________________________

FIRM/COMPANY: _________________________________________

EMAIL: ___________________________________________________


CLICK HERE TO BOOK A HOTEL ROOM

In the meantime, please consider marking your calendar to attend the Tort Talk Expo 2014 on the afternoon of:

 

SEPTEMBER 26, 2014