Skip to main content

Allstate Insurance Company v. Sussman Automotive & Hyundai, C.A. No. 0708926-30 (Pa. C.C.P. Bucks 2009)

Practice Area: Insurance

Outcome: Spoilation But Circumstantial Evidence Allowed to Demonstrate Malfunction

Description: In a case where the defective product was not retained by the subrogated insurance carrier prior to the lawsuit, successfully argued that dismissal was not appropriate because a subrogated insurance carrier could establish the existence of the defect with circumstantial evidence by providing evidence of the occurrence of a malfunction and with eliminating abnormal use or reasonable, secondary causes for the malfunction.

See all Legal Cases