Zimmer Kunz PLLC'S Views and Notes Newsletter

• Fall 2011 - Volume 6, Issue 1
• August 2010 - Volume 5, Issue 1
• June 2009 - Volume 4, Issue 1
• January 2008 - Volume 3, Issue 1
• September 2007 - Volume 2, Issue 3
• May 2007 - Volume 2, Issue 2
• January 2007 - Volume 2, Issue 1
• October 2006 - Volume 1, Issue 2
• July 2006 - Volume 1, Issue 1

Case Bulletin - Civil Litigation

• February 2007 - Philip Morris USA v. Williams, Personal Representative of Estate of Williams, Deceased.
  The United States Supreme Court holds that excessive punitive damages award which punishes a Defendant for harm done to nonparties violates the Due Process Clause of the United States Constitution.



• October 2006 – Darala and Gordon Fritz v. Hazel Wright, et al.
  Pennsylvania Supreme Court explains that any ten jurors who agree on an answer to a special interrogatory is sufficient for a majority on that issue and that not all of the same ten jurors need to agree as to each special interrogatory.

Case Bulletin - Employment Law

• September 2006 – Petruska v. Gannon University, et al.
  The United States Court of Appeals for the Third Circuit Applied the Ministerial Exception Based on the First Amendment Barring an Employee’s Employment Discrimination Claims Against a Private Catholic College.

Case Bulletin – Insurance Law

• December 2007 - Donegal Mutual Insurance Company v Richard Baumhammers, et al.
  Pennsylvania Supreme Court adopts "cause" test to identify and quantify "occurrence" in this homeowners' insurance coverage case of first impression.



• April 2007 - Victor M. Sackett and Diane L. Sackett v Nationwide Insurance Company.
  Pennsylvania Supreme Court determines that to waive stacked coverage when increasing the number of vehicles insured under policy that includes uninsured/underinsured coverage, the named insured must execute a new Section 1738 waiver.



• February 2007 - Daniel R. Strahin v. Earl Sullivan and Farmers & Mechanics Mutual Insurance Company.
  West Virginia Supreme Court of Appeals rules that insurer is not required to pay excess verdict where insured is not exposed to personal liability.



• October 2006 – Kvaerner Metals Division of Kvaerner U.S., Inc. v. Commercial Union Ins. Co.
  Pennsylvania Supreme Court rules that insurer has no duty to defend or indemnify contractor insured under CGL policies for faulty workmanship claims.



• August 2006 – Hollock v Erie Insurance Exchange
  Pennsylvania Supreme Court declines review in Superior Court case holding that, an insured’s conduct during the course of bad faith litigation may, under certain circumstances, be considered to determine whether the insurer acted in bad faith. Court also held that a finding of bad faith justifies an award of punitive damages without additional showing of aggravating circumstances.



• August 2006 – Wirth v Aetna U.S. Health Care
  Pennsylvania Supreme Court rules that HMOs are not barred by the MVFRL from pursuing subrogation against third party tortfeasors.



• August 2006 – Wisniski v Brown and Brown Ins. Co.
  Pennsylvania Superior Court rules that insurance brokers do not have a duty to inspect a business property and recommend insurance based on that inspection.

Case Bulletin - Tort Law

• March 2008 - Bogush v I.U. North America, Inc.
  Pennsylvania Supreme Court to consider adoption of new strict product liability standard.



• November 2007 - Excavation Technologies v Columbia Gas of Pennsylvania.
  Pennsylvania Superior Court rules that Economic Loss Doctrine precludes suit by contractor against utility alleging costs overruns and downtime for failure to mark or improper marking of utility lines pursuant to PA One Call Act.



• October 2006 – Joseph E. Ryan v. Clonch Industries, Inc. and H&D Lumber Distributor, Inc.
  West Virginia Supreme Court rules that in a deliberate intent cause of action the violation of a statute, rule, regulation or standard is a proper foundation for the element of deliberate intent.



• September 2006 – Estate of Hicks v. Dana Corporation, et al.
  Pennsylvania Supreme Court Affirms Decisions Ruling that the Fair Share Act is unconstitutional.