HKR SUCCESSES

HKR's attorneys have seen success in a number of jurisdictions and on a wide variety of issues.  Below are some examples of HKR's recent success stories.

• Dismissal of complaint alleging breach of contract and bad faith based on application of suit limitation provision and a reasonable reliance on the opinions of an expert. (U.S.D.C. E.D. Pa.)
• Summary judgment on breach of contract and bad faith claims in a coverage dispute involving application of a vacancy provision. (U.S.D.C. E.D. Pa.)
• Defense verdict following a jury trial, where the jury found that the policyholder made a material misrepresentation during the presentation of the claim. (Philadelphia County Court of Common Pleas)
• Defense verdict following a jury trial, with more than $1 million at issue. (Philadelphia County Court of Common Pleas)
• Summary judgment on a breach of contract claim in a coverage dispute involving the discharge of home heating oil. (Montgomery County Court of Common Pleas)
• Summary judgment on a coverage dispute involving interpretation of a lost insurance policy. (Montgomery County Court of Common Pleas)
• Dismissal of complaint filed by a mortgagee after the policyholder forged the mortgagees signature and absconded with the insurance proceeds, upheld on subsequent appeal. (U.S.D.C. Md. and Fourth Circuit)
• Dismissal of a complaint filed by out-of-state plaintiff for forum non conveniens. (Philadelphia County Court of Common Pleas)
• Multiple favorable decisions in COVID-19 business interruption litigation, including in Pennsylvania State and Federal Court, Michigan State Court, and Iowa Federal Court.
• Summary judgment on a declaratory judgment and statutory bad faith claim and obtained a judgment against the policyholder for insurance fraud. (U.S.D.C. E.D. Pa. and Third Circuit)
• Summary judgment on a breach of contract and bad faith claim in a coverage dispute involving the discharge of home heating oil. (U.S.D.C. E.D. Pa)
• Dismissal of a homeowners' actions for breach of contract, common law and statutory bad faith under a lender-placed insurance policy. (U.S.D.C. E.D. Pa. and U.S.D.C. M.D. Pa.)
• Modification of an appraisal award that exceeded the agreed-upon scope of appraisal. (U.S.D.C. Md. and Fourth Circuit)
• Summary judgment based on a policyholder's failure to comply with the policy's residence premises condition. (U.S.D.C. W.D. Pa.)
• Summary judgment for insurer on breach of contract and bad faith causes of action involving reasonable reliance on independent engineers and additional investigation protocols following red flag indicators.  (Chester County Court of Common Pleas)
• Dismissal of breach of contract causes of action and tort-based allegations against an individual property adjuster following motion for judgment on the pleadings.  (Delaware County Court of Common Pleas)
• Summary judgment for insurer enforcing application of policy suit limitation and statutes of limitation involving res judicata issues and tort-based allegations. (Delaware County Court of Common Pleas)
• Summary judgment for insurer involving breach of contract and bad faith causes of action following fire loss involving post-litigation misrepresentations and pre-litigation failure to comply with post-loss duties under a policy. (Lehigh County Court of Common Pleas)
• Jury verdict in favor of insurer on policy reformation and breach of contract involving alleged improper policy cancellation issues following a fire loss. (Carbon County Court of Common Pleas)
• Summary judgment for insurer involving bad faith cause of action involving allegations of improper application of policy exclusions and inconsistent other policyholder claim payments. (Chester County Court of Common Pleas)
• Summary judgment for insurer involving declaratory relief and breach of contract causes of action involving application of water exclusion and mold coverage endorsement. (Carbon County Court of Common Pleas)
• Summary judgment for insurer involving breach of contract cause of action involving policyholder failure to complete previously-demanded insurance Appraisal. (Philadelphia County Court of Common Pleas)
• Summary judgment for insurer involving breach of contract, bad faith, and negligence/medical monitoring causes of action involving improper claim handling and secondary duty to warn allegations. (Lehigh County Court of Common Pleas)
• Summary judgment for insurer involving breach of contract and bad faith causes of action involving inadequate investigation allegations.  (Lehigh County Court of Common Pleas)
• Summary judgment for insurer involving bad faith cause of action centering on reasonable reliance on third-party professional recommendations.  (Philadelphia County Court of Common Pleas)
• Judgment on the pleadings in favor of insurer enforcing application of policy suit limitation involving statute of limitations distinctions and rejection of tolling arguments. (Delaware County Court of Common Pleas and Pa. Superior Court)
• Summary judgment for insurer involving breach of contract and bad faith cause of action involving post-litigation misrepresentation issues.  (Philadelphia County Court of Common Pleas)
• Jury verdict in favor of insurer on breach of contract (and subsequent withdrawal of bad faith) involving fire loss and application of residence premises provision to waiver and estoppel arguments for prior claim payments.  (Berks County Court of Common Pleas)
• Jury verdict in favor of insurer involving action for insurance fraud and the defense of contract and bad faith causes of action resulting in insurer recovery of $285,000 upheld on appeal.  (Philadelphia County Court of Common Pleas and Pa. Superior Court)
• Judgment on the pleadings in favor of insurer enforcing application of policy suit limitation involving waiver and estoppel arguments. (Philadelphia County Court of Common Pleas)
• Judgment on the pleadings in favor of insurer enforcing application of policy suit limitation involving waiver and estoppel arguments. (Delaware County Court of Common Pleas and Pa. Superior Court)