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Doubling Down: Two Third Circuit Decisions Reaffirm that Faulty Workmanship Does Not Constitute an “Occurrence” in Pennsylvania

In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are therefore not covered under The material in Legal Updates for Insurance Services, June 1, 2023, has been prepared for our readers by Marshall Dennehey.

Regardless of whether a second opinion is reasonable or medically necessary, if a referral is made, it must be acknowledged within the applicable three or ten-day period or the defense of medical necessity is waived.

The claimant sought authorization of a second opinion, as recommended by the treating physician. The claimant conceded that the doctor ultimately testified that the second opinion was not medically necessary. What’s Hot in Workers’ Comp, Vol. 27, No.