United States Third Circuit

In an insurance case regarding coverage of a slip and fall, summary judgment for defendant is affirmed where: 1) coverage for injury to a renter's mother was properly denied as an exclusion for injuries arising out or renting the property; and 2) plaintiff's filing suit before the right to sue had been assigned from the insured to the renter did not toll Pennsylvania's two year statute of limitations for negligence and bad faith claims under Federal Rule of Civil Procedure 15(c)(1); and 3) failing to perform on a contract cannot violate Pennsylvania's Unfair Trade Practices and Consumer Protection Law.

Appellate Information

• Argued 05/13/2008
• Decided 09/22/2008
• Published 09/22/2008

Judges

• Before:  McKEE and ROTH, Circuit Judges, and PADOVA, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jerome W. Kiger, Amy B. Kubisiak (Argued), Pittsburgh, PA, for Appellant.


• For Appellees:
  
• C. Leon Sherman (Argued), C. Leon Sherman & Associates, P.C., Pittsburgh, PA, for Appellee.