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Month: May 2006

PA - Coverage Issues

MAY 2006 BAD FAITH CASES
JURY DECIDES BAD FAITH ISSUE AS TO DECLINING FIRE COVERAGE ON BASIS THAT POLICY ISSUED FOR MULTIPLE FAMILY DWELLING ACTUALLY USED AS REHAB CENTER (Philadelphia Commerce)

Posted on May 31, 2006November 13, 2018 by PA Bad Faith Blog

The plaintiff owned a property which was insured for three-family occupancy.  Unbeknownst to her insurer, however, plaintiff had leased the dwelling to an entity providing…

PA - Attorney Client Privilege

MAY 2006 BAD FAITH CASES
COURT REJECTS EFFORT TO OBTAIN INSURER’S ATTORNEY-CLIENT COMMUNICATIONS ON BASIS OF CRIME-FRAUD EXCEPTION TO THE ATTORNEY-CLIENT PRIVILEGE (Philadelphia Federal)

Posted on May 31, 2006November 13, 2018 by PA Bad Faith Blog

The plaintiff was involved in two motor vehicle accidents, in 1993 and 2000.  The insurer paid benefits in 1993, but gave less than plaintiff hoped…

PA - Claims Handling (general)

MAY 2006 BAD FAITH CASES
DISPUTED FACTS SURROUNDED TERMINATION OF LIFE INSURANCE POLICY FOR NON-PAYMENT OF PREMIUMS IN BAD FAITH ACTION (Philadelphia Federal)

Posted on May 31, 2006November 13, 2018 by PA Bad Faith Blog

The insureds had purchased a $10 Million life insurance policy, paying $25,000/quarter, which was held in trust by PNC.  There was a failure to pay…

PA - Discovery and Evidence

MAY 2006 BAD FAITH CASES
TRIAL COURT CANNOT TAKE JUDICIAL NOTICE OF GUILTY PLEA BY INSURED IN DETERMINING MOTION TO DISMISS BAD FAITH CLAIM (Superior Court)

Posted on May 31, 2006November 13, 2018 by PA Bad Faith Blog

The insureds (parents and their son under 21 at the time of the incident) brought claims against their carrier for breach of contract, bad faith…

PA - Limitations Period

MAY 2006 BAD FAITH CASES
SUPERIOR COURT REJECTS LULLING ARGUMENT ASSERTED TO TOLL STATUTE OF LIMITATIONS ON BAD FAITH CLAIM (Superior Court)

Posted on May 31, 2006November 13, 2018 by PA Bad Faith Blog

The Superior Court of Pennsylvania affirmed the trial court’s determination that Plaintiff’s breach of contract claim was barred by the statute of limitations.  Plaintiff asserted…

May 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)
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  • 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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