Menu Close Menu

Erie Personal Injury Attorney Blog

Insurance Coverage Critical to Accident and Injury Cases

Posted by Jeff Veitch on Aug 14, 2015 | 0 Comments

The Superior Court of Pennsylvania was recently called upon to determine the statute of limitations for an insurance company to bring an action for declaratory judgment to determine the duty to defend and indemnify. The insurance company was seeking to argue that it had no duty to defend the insured and indemnify the insured for any damages the plaintiff was able to obtain in court. This is often used when a plaintiff presents a novel claim or is seeking to recover damages against an insurance company that isn't necessarily responsible. One of the challenges is to find insurance coverage as that is oftentimes the only way an injured party will recover for their damages.

The court ultimately determined that the factual determination needs to be made to determine when the statue of limitations would begin to run. Generally, there would be a four-year statute of limitations for an insurance company to file. However, since the personal injury statute of limitations is two years, generally, the insurance company might need to move prior to that deadline in order to protect its rights.

This shows why it's critical that experienced attorneys who have had experience representing both the insurance companies and injured individuals are best equipped to make coverage determinations. Whether or not there's insurance coverage for a particular claim is of as much importance as any other aspect of the claim. Often times without coverage, there will be no recovery.

About the Author

Jeff Veitch

Jeff has been recognized by Law & Politics magazine in its "Who's Who in Law" edition every year since 2007. Jeff has also achieved a 10/10 Superb rating from AVVO.COM, an independent attorney rating service. Jeff was also Selected as a "Top 100" Pennsylvania Trial Lawyers by the National Trial Lawyers.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Jeffrey D. Veitch, Esquire

Large badge 10 0

The Melaragno, Placidi, Parini & Veitch Law Firm represents victims of accidents and other personal injuries throughout Western Pennsylvania.

Free Initial Consultation

Veitch new light 03

The Melaragno, Placidi, Parini & Veitch Law Firm offers a free initial consultation so you discover what your options are and make a plan to intelligently move forward.