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SIGNIFICANT CASE SUMMARIES VA CASE SUMMARY Schoenly v. Loudoun Stairs, Inc. Virginia Workers’ Compensation Commission VA00001453708 Decided: January 18, 2022 When a right knee replacement actually worsened the overall function of the knee, the permanency rating was judged after the replacement, fully disregarding a permanency rating taken before the replacement. Background Claimant suffered a meniscus… read more

CLIENT ADVISORY NJ CLIENT ADVISORY New Insurance Fair Conduct Act – Bad Faith Exposure in UM/UIM Claims Handling The New Jersey Legislature passed a bill that will reshape insurance bad faith litigation in New Jersey. On January 18, 2022, Governor Murphy signed the bill into law and the same went into effect immediately. This new… read more

SIGNIFICANT CASE SUMMARIES PA CASE SUMMARIES Lombardi v. WCAB (UPMC Health Plan, Inc.) Commonwealth Court of Pennsylvania No. 208 C.D. 2020 Decided: October 27, 2021 An employee who tripped and fell while on her way to purchase breakfast in a common area food court prior to the start of her shift was found to be… read more

CLIENT ADVISORY WEST VIRGINIA CLIENT ADVISORY West Virginia to introduce intermediate appellate court in 2022. West Virginia will radically overhaul its appellate court system in 2022. The Intermediate Court of Appeals was created by the West Virginia legislature by Senate Bill 275, known as the West Virginia Appellate Reorganization Act of 2021, codified at W.Va…. read more

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARY Round Guys Brewing Co. v. Cincinnati Ins. Co. United States District Court for the Eastern District of Pennsylvania No. CV-20-6252, 2021 U.S. Dist. LEXIS 180621 Decided: September 22, 2021 Insured was not entitled to business interruption coverage under their policy for losses incurred during the COVID-19 pandemic. Background Plaintiff… read more