Underinsured Motorist Coverage — Damages Offset – In AAA Mid-Atlantic Insurance Co. v. Ryan, the Supreme Court ruled that an insurance policy may provide that underinsurance benefits are offset by the damages the insured collects from all tortfeasors. Click here to read the full Opinion.
Traditional Product Liability Causes of Action Are Permissible in Pharmaceutical Claims – In Lance v. Wyeth, the Court ruled that under Pennsylvania law, a pharmaceutical company violates its duty of care if it introduces, or continues to distribute, a drug with actual or constructive knowledge that the drug is too harmful to be used by anyone. In other words, the Court found that FDA approval, in and of itself, does not establish as a matter of law that a drug is safe. The Court also declined to expand Pennsylvania law and immunize companies from the responsibility to respond in damages for a lack of due care that results in injury or death. This case has extensive discussions about Pennsylvania products liability and pharmaceutical liability law that warrant further review by counsel involved in these types of cases.
To receive our monthly newsletter summarizing Pennsylvania appellate decisions, click here.