PHILADELPHIA – An attorney defending a major insurance provider cited contractual policy in arguing that a claims case against it should be transferred to Delaware County.
David A. Santilli, of Styliades, Mezzanotte, Hasson & Rubinate in Philadelphia, asserted since plaintiff Yaw Mensah of Landsdowne resided in Delaware County, the insurance claim suit he initiated against Doylestown-based Liberty Mutual General Insurance Company must be litigated there, or else be in violation of the terms of the policy Mensah took out with them.
Santilli stated these preliminary objections in a motion made to the Philadelphia County Court of Common Pleas on May 29, and a hearing on the matter was scheduled for Wednesday in Court chambers at Philadelphia City Hall.
Mensah, a client of Liberty Mutual, filed suit against the insurance provider in April, with regard to a motor vehicle accident which occurred early last year. On March 18, 2014, Mensah was driving near Cobbs Creek Parkway at Church Lane in Philadelphia, when at the same time and place, fellow driver Robin McDaniels allegedly caused an accident with Mensah through negligent driving, causing Mensah serious injuries.
As McDaniels was an uninsured driver at the time of the accident, Mensah filed an uninsured motorist claim with Liberty Mutual, a stipulation included in his coverage. Mensah’s counsel believes if they prove true their case, Mensah would be eligible to collect uninsured motorist benefits through his coverage with Liberty Mutual.
The plaintiff is seeking in excess of $50,000 but not $75,000, plus all court costs and other relief.
The plaintiff is represented by Marc I. Simon, of Simon & Simon, in Philadelphia.
The defendant is represented by Santilli, of Styliades, Mezzanotte, Hasson & Rubinate, in Philadelphia.
Philadelphia County Court of Common Pleas case 150400168
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org