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Month: April 2006

PA - Claims Handling (general)

APRIL 2006 BAD FAITH CASES
NO BAD FAITH WHERE ADJUSTER’S INVESTIGATION DID NOT SHOW DISHONEST PURPOSE OR ILL WILL, AND NO CLAIM/DEMAND HAD EVER ACTUALLY BEEN MADE ON THE CARRIER (Superior Court of Pennsylvania)

Posted on April 30, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff decedent’s car drove over an embankment with decedent and his friend inside.  Decedent was found dead in the passenger’s seat, while the friend was…

PA - No coverage duty, no bad faith

APRIL 2006 BAD FAITH CASES
NO DUTY TO DEFEND IF COVERAGE NOT DUE UNDER POLICY, AND THUS NO BAD FAITH (Third Circuit)

Posted on April 30, 2006November 13, 2018 by PA Bad Faith Blog

After determining that there was no coverage, the U. S. Court of Appeals for the Third Circuit rejected the bad faith claim against a carrier,…

PA - Coverage Issues

APRIL 2006 BAD FAITH CASES
NO CLAIM AGAINST CARRIER FOR FAILING TO INCLUDE COSTS FOR GENERAL CONTRACTOR OVERHEAD WHERE INSUREDS DID NOT INTEND TO HIRE GENERAL CONTRACTOR (Philadelphia Commerce)

Posted on April 30, 2006November 13, 2018 by PA Bad Faith Blog

The Philadelphia Commerce Court granted summary judgment to the insurer in Plaintiffs’ action alleging breach of contract, bad faith, and violations of the Pennsylvania Unfair…

PA - Bifurcate/Sever & Stays

APRIL 2006 BAD FAITH CASES
STAY OF EXECUTION ON PUNITIVE DAMAGES AWARD ON BAD FAITH CLAIM GRANTED, ON CONDITION THAT A $5.825 MILLION BOND WAS POSTED (Western District)

Posted on April 30, 2006November 10, 2018 by PA Bad Faith Blog

In Gallatin Fuels v. Westchester Fire Insurance Company, defendant filed a Motion for Stay of Execution of Judgment in response to the earlier judgment in…

PA - Limitations Period

APRIL 2006 BAD FAITH CASES
BAD FAITH CLAIM BARRED BY STATUTE OF LIMITATIONS IN JUDGMENT ON THE PLEADINGS (Philadelphia Federal)

Posted on April 30, 2006November 13, 2018 by PA Bad Faith Blog

The plaintiff claimed that the carrier intentionally withheld documents from its own expert in an effort to win a UIM arbitration.  The evidence supporting this…

PA - Bifurcate/Sever & Stays

APRIL 2006 BAD FAITH CASES
ACTION STAYED BY FEDERAL COURT PENDING RESOLUTION OF WIDER DISPUTE IN NEW YORK STATE COURT (Philadelphia Federal)

Posted on April 30, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff sued an insurance carrier for declaratory relief, bad faith and for breach of contract.  The carrier moved to dismiss the action or stay the…

PA - Removal & Remand

APRIL 2006 BAD FAITH CASES
BAD FAITH CLAIM INITIATED BY WRIT OF EXECUTION/GARNISHMENT IS REMOVABLE TO FEDERAL COURT (Middle District)

Posted on April 30, 2006November 13, 2018 by PA Bad Faith Blog

Judge Edwin Kosik of the United States District Court for the Middle District of Pennsylvania synthesized prior federal case law to test the propriety of…

April 2006
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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
  • NJ – Attorney's Fees (29)
  • NJ – Bifurcate/Sever & Stays (23)
  • NJ – Choice/Conflict of Law (3)
  • NJ – Claims Handling (general) (37)
  • NJ – Claims Handling (reasonable) (21)
  • NJ – Claims Handling (unreasonable) (15)
  • NJ – Conflict of interest (1)
  • NJ – Consumer Fraud Act (20)
  • NJ – Cooperation with insurer (3)
  • NJ – Coverage Issues (67)
  • NJ – Damages (2)
  • NJ – Declaratory Judgment (12)
  • NJ – Delay (Insured) (5)
  • NJ – Delay (Investigation/Claims handling) (14)
  • NJ – Delay (Payment) (6)
  • NJ – Discovery and Evidence (22)
  • NJ – ERISA Preemption (7)
  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
  • NJ – Experts (13)
  • NJ – Federal Pleading Adequate (12)
  • NJ – Federal Pleading Inadequate (20)
  • NJ – General Bad Faith and Litigation Issues (48)
  • NJ – Insurance Fair Conduct Act (2)
  • NJ – ITPA and UCSPA (19)
  • NJ – Law unsettled (7)
  • NJ – Limitations Period (5)
  • NJ – Litigation Conduct (2)
  • NJ – Negligence not bad faith (15)
  • NJ – No coverage due, no bad faith (34)
  • NJ – No covereage duty, possible bad faith (2)
  • NJ – Procedural Issues (45)
  • NJ – Punitive Damages (16)
  • NJ – Reinsurance (1)
  • NJ – Removal & Remand (3)
  • NJ – Rescission (12)
  • NJ – Reservation of Rights (5)
  • NJ – Reverse Bad Faith (39)
  • NJ – Settlement related issues (27)
  • NJ – Standing, Assignment or Outside Scope (12)
  • NJ – Sureties (3)
  • NJ – Sworn Statement/EUO (3)
  • NJ – UIM/UM Cases (18)
  • NJ – Work Product (5)
  • PA – Agents and Administrators (48)
  • PA – Attorney Client Privilege (51)
  • PA – Attorney's Fees (62)
  • PA – Bifurcate/Sever & Stays (65)
  • PA – Choice/Conflict of Law (24)
  • PA – Claims Handling (general) (167)
  • PA – Claims Handling (reasonable) (198)
  • PA – Claims Handling (unreasonable) (135)
  • PA – Common Law Bad Faith (contractual or fiduciary basis) (159)
  • PA – Communication with insured (74)
  • PA – Conflict of Interest (10)
  • PA – Cooperation with insurer (25)
  • PA – Coverage Issues (223)
  • PA – Damages (17)
  • PA – Declaratory Judgment (39)
  • PA – Delay (Insured) (41)
  • PA – Delay (Investigation/Claims handling) (136)
  • PA – Delay (Payment) (72)
  • PA – Discovery and Evidence (188)
  • PA – ERISA Preemption (34)
  • PA – Estimates, Valuation or Appraisal (141)
  • PA – Experts (116)
  • PA – Federal Pleading Adequate (126)
  • PA – Federal Pleading Inadequate (169)
  • PA – General Bad Faith and Litigation Issues (105)
  • PA – Insurer wrong, but reasonable (29)
  • PA – Late notice (6)
  • PA – Law unsettled (28)
  • PA – Limitations Period (79)
  • PA – Litigation Conduct Claims (40)
  • PA – Manuals (28)
  • PA – Mediation (15)
  • PA – MVFRL (48)
  • PA – Negligence not bad faith (61)
  • PA – No coverage due, bad faith still possible (50)
  • PA – No coverage duty, no bad faith (186)
  • PA – Procedural Issues (126)
  • PA – Punitive Damages (59)
  • PA – Red flags during investigation (16)
  • PA – Reinsurance (13)
  • PA – Release of bad faith claim (12)
  • PA – Removal & Remand (98)
  • PA – Rescission (32)
  • PA – Reservation of Rights (23)
  • PA – Reserves (40)
  • PA – Reverse Bad Faith (79)
  • PA – Settlement related issues (121)
  • PA – Standing, Assignment or Outside Scope (94)
  • PA – Sureties (11)
  • PA – Sworn Statement/EUO (33)
  • PA – UIM/UM Cases (390)
  • PA – UIPA & UCSP (86)
  • PA – Underwriting (14)
  • PA – UTPCPL (53)
  • PA – Venue (15)
  • PA – Who is an Insurer? (32)
  • PA – Work Product (41)

Links of Note

  • Advice of Counsel Discovery (Dec. 2012)
  • Article: What is the Nature and Scope of the "Bad Faith" Conduct that can be Remedied Directly Under the Bad Faith Statute (2014)
  • Business Courts Blog
  • Fineman Krekstein & Harris, Philadelphia Insurance Bad Faith and Coverage Lawyers
  • New Jersey Fraud Prevention Act
  • NJ Unfair Insurance Practices Statute
  • Pennsylvania Insurance Fraud Statute
  • Post Koken Scorecard in UM/UIM Cases – Tort Talk (Pennsylvania Tort Law Blog)
  • Searching on this Blog
  • Toy v Metropolitan
  • Unfair Claims Settlement Practices Law
  • Unfair Claims Settlement Practices Regs

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