Pennsylvania Judge Vacates No Coverage Ruling In Dispute Over Racetrack Death

Mealey's (December 4, 2017, 9:07 AM EST) -- PHILADELPHIA — A Pennsylvania judge on Nov. 30 found that a lower court erred in finding that a commercial umbrella liability insurer has no duty to indemnify its insured against $2.6 million in punitive damages that it paid to settle an underlying wrongful death and survival action, vacating and remanding for an entry of summary judgment in favor of the insured on the breach of contract claim and for reinstatement and further proceedings on the bad faith claim (Bensalem Racing Association, Inc., et al. v. Ace Property and Casualty Insurance Co., No. 530 EDA 2017, Pa. Super.)....