Goldberg Segalla’s Hillary N. Ladov, a partner in the Global Insurance Services practice, spoke with Law360 about upcoming decisions on two state intermediate appellate cases as well as a Pennsylvania multidistrict litigation (MDL) involving coverage for pandemic-related losses, and the potential for the matters to go to Pennsylvania’s high court.
Arguments by a Pittsburgh tavern and a dental practice on whether losses related to COVID-19 should be covered were recently heard by the Pennsylvania Superior Court. And, in a hearing scheduled for May 16, Judge Mark R. Hornak of the U.S. District Court for the Western District of Pennsylvania will hear arguments in the MDL.
Although attorneys for policyholders say that the insurance industry “could very well lose,” Hillary expressed doubt. She said she’d “be surprised” if the MDL’s hearings on the motions to dismiss “didn’t go with the national trend,” with outcomes favoring the insurers. Hillary also explained that courts in Pennsylvania look at “plain meaning” whenever a policy might have an undefined term, in reference interpretation of policies during coverage cases.
Hillary N. Ladov focuses her practice on insurance coverage litigation, bad faith disputes, and coverage counseling. Hillary counsels and defends insurance industry clients in a wide range of coverage matters, including commercial general liability, homeowners’ liability, commercial and personal auto liability, pollution liability, marine liability, professional liability, and directors and officers liability. She has significant experience handling complex insurance cases in state and federal courts, and has monitored coverage and liability issues in a variety of cases. Hillary’s practice also includes defending clients in commercial litigation matters.