Mutual Benefit V. Politsopoulos

Posted By Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

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.