Erie Insurance Co. Can Be Sued By Its Insured

Posted on: August 4th, 2015       Attorney Thomas Newell

In July of 2015, the Pennsylvania Superior Court ruled that a family may sue Erie for negligence claims per the Restatement (Second) of Torts. The PA personal injury victims claimed that they notified Erie of mold in their basement and wanted to file a claim to have it eliminated.

The plaintiffs allege that an Erie adjuster and an engineering firm it hired inspected the mold and claimed it was harmless. The insureds tried to fix the mold themselves. One of them was later diagnosed with esophageal cancer and cancer of the voice box.

The Pennsylvania Superior Court ruled that Sections 323 & 324A of the 2nd Restatement allow the PA personal injury claims to be pursued. Bruno v. Erie Insurance Co., PICS No. 15-1165 (Pa. Superior July 2015)