8 Cited authorities

Connelly v. Lane Constr. Corp.
809 F.3d 780 (3d Cir. 2016) Cited 3,636 times 1 Legal Analyses
Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”
Stephens v. Clash
796 F.3d 281 (3d Cir. 2015) Cited 111 times
In Stephens, the Third Circuit affirmed the dismissal of a complaint under § 2255(a) because the plaintiff did not allege he suffered cognizable injuries within the limitations period.
Erie Ins. Exch. v. Bristol
174 A.3d 578 (Pa. 2017) Cited 22 times
In Bristol, a case heavily relied on by the plaintiff for the proposition that the SOL began to run when Travelers closed his UIM claim, the Pennsylvania Supreme Court held that the SOL begins to run in insurance cases when the insured's cause of action accrues, i.e., when the insurer is alleged to have breached its duty under the insurance contract.
Simon Wrecking Co. v. AIU Insurance
350 F. Supp. 2d 624 (E.D. Pa. 2004) Cited 33 times
Holding that bad faith claim accrued on date of bad faith denial, rather than on date of each continuing denial of coverage
Bressi v. Gembic
No. 18-2806 (3d Cir. Feb. 8, 2019) Cited 5 times
No. 18-2806 02-08-2019 AARON J. BRESSI, Appellant v. JOHN GEMBIC; MICHAEL P. TOOMEY; PETER KAY; VINNY CLAUSI PER CURIAM DLD-082 NOT PRECEDENTIAL On Appeal from the United States District Court for the Middle District of Pennsylvania (M.D. Pa. Civil No. 4:17-cv-01405) District Judge: Honorable Matthew W. Brann Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 January 24, 2019 Before: JORDAN, GREENAWAY, JR. and
Sigal v. Gen. Am. Life Ins. Co.
Civil Action No. 2:13-cv-00169 (W.D. Pa. Aug. 22, 2013)
Civil Action No. 2:13-cv-00169 08-22-2013 MICHAEL B. SIGAL, Plaintiff, v. THE GENERAL AMERICAN LIFE INSURANCE COMPARY THE PAUL REVERE LIFE INSURANCE COMPANY, AND UNUM GROUP Defendants. Cynthia Reed Eddy Magistrate Judge Cynthia Reed Eddy OPINION On January 2, 2013, Plaintiff, Michael B. Sigal ("Sigal") filed this action in the Court of Common Pleas of Allegheny County. The matter was timely removed to this Court on diversity grounds. In a Seven Count Amended Complaint [ECF No. 10], Sigal alleges
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,659 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 5525 - Four year limitation
42 Pa. C.S. § 5525 Cited 448 times 1 Legal Analyses
Setting out a four year statute of limitations for contract actions in Pennsylvania

WEGFAHRT v. ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY

8 Cited authorities

Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”

In Stephens, the Third Circuit affirmed the dismissal of a complaint under § 2255(a) because the plaintiff did not allege he suffered cognizable injuries within the limitations period.

Holding that bad faith claim accrued on date of bad faith denial, rather than on date of each continuing denial of coverage

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Setting out a four year statute of limitations for contract actions in Pennsylvania