Patricia Winterberg James Winterberg, Individually and as Husband and Wife v. Transportation Insurance Company T/a Cna Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that if conflicting provisions of statutes are irreconcilable, the specific provisions shall prevail over general provisions”
• noting that \Pennsylvania case law shows an intent to allow a separate action on the `bad faith' statute\
• finding that egregious misbehavior in handling a worker’s compensation 14 claim was preempted by the PWCA because Pennsylvania law has a broad intent to preempt common law torts “in matters arguably connected with work-related injuries.”
• “[i]n the absence of any precedent of the Pennsylvania Supreme Court, we must predict how that court would decide this issue”
• “Martin . . . permits a tort action for deliberate conduct which aggravates a pre-existing injury before such injury is adjudicated under the Workmen's Compensation Act.”
• exclusivity clause of Workers’ Compensation Act denied plaintiff recovery against insurer for alleged breach of contract, intentional infliction of emotional distress, bad faith pursuant to 42 Pa.C.S. §8371 and violations of the UTPCPL

Source: CourtListener parenthetical corpus (CC0).