Pa. Judge Says Hospital’s Summary Judgment Motion in COVID-19 Coverage Action ‘Premature’

PITTSBURGH — A Pennsylvania federal judge has ruled that a hospital’s motion for summary judgment in its COVID-19 coverage class action against Travelers Property Casualty Company of America is premature because the issue of class certification should be decided first.

In a July 14 order, Judge Kim R. Gibson of the U.S. District Court for the Western District of Pennsylvania explained that the plaintiff’s motion implicates the rule against one-way intervention, because it seeks a ruling on the merits without a certified class.

“Plaintiff’s motion asks the court to rule on the merits of the claims such that it could …