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Month: June 2006

PA - Attorney's Fees

JUNE 2006 BAD FAITH CASES
COURT AWARDS $1.1 MILLION IN ATTORNEYS’ FEES & COSTS, & $403,553.34 IN INTEREST UNDER STATUTE, DESPITE CONTINGENT FEE ARRANGEMENT & PUNITIVE DAMAGES (Western District)

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

In Gallatin Fuels, Inc. v. Westchester Fire Insurance Company, the United States District Court for the Western District of Pennsylvania awarded Plaintiff attorney’s fees, costs,…

PA - Attorney's Fees

JUNE 2006 BAD FAITH CASES
CONTINGENT FEE AGREEMENT CANNOT BE USED TO FIX AN ATTORNEY FEE AWARD UNDER THE BAD FAITH STATUTE, RATHER THE LODESTAR AMOUNT SHOULD BE USED (Philadelphia Federal)

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

Plaintiffs sought recovery of attorney’s fees following a jury award of $6.25 million in punitive damages against the carrier for a bad faith failure to…

PA - Coverage Issues

JUNE 2006 BAD FAITH CASES
PLAINTIFF STATED BAD FAITH CLAIM WHERE “HOUSEHOLD EXCLUSION” DID NOT APPLY TO PREVENT STACKING (Philadelphia Federal)

Posted on June 29, 2006November 13, 2018 by PA Bad Faith Blog

The court rejected the insurer’s argument that Plaintiff’s insurance claims were excluded.  Specifically, Plaintiff purchased two separate insurance policies after being advised he could not…

PA - Claims Handling (general)

JUNE 2006 BAD FAITH CASES
EVIDENCE SUFFICIENT TO ESTABLISH BAD FAITH IN DENYING CLAIM & IN HANDLING CLAIM;LOSS PAYEE HAS STANDING; PUNITIVE AWARD WITHIN DUE PROCESS (Western District)

Posted on June 29, 2006November 10, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Ins. Co., the defendant insurance company filed post-trial motions after the jury returned a verdict in favor of…

PA - Bifurcate/Sever & Stays

JUNE 2006 BAD FAITH CASES
STAY OF EXECUTION OF JUDGMENT PENDING APPEAL – DEFENDANT MUST POST BOND FOR ENTIRE JUDGMENT (Western District)

Posted on June 29, 2006November 13, 2018 by PA Bad Faith Blog

Defendant insurance company filed a motion to stay execution of judgment pending appeal, after the jury found that the company lacked a reasonable basis for…

PA - Bifurcate/Sever & Stays

COURT BIFURCATES DECLARATORY JUDGMENT AND BAD FAITH CLAIMS TO PROMOTE JUDICIAL ECONOMY AND TO AVOID PREJUDICE (Philadelphia Federal)

Posted on June 29, 2006November 13, 2018 by PA Bad Faith Blog

The court was faced with determining the meaning of an asbestosis exclusion to a policy, where no underlying claims were actually pending against insured. The…

PA - No coverage duty, no bad faith

JUNE 2006 BAD FAITH CASES
BAD FAITH CLAIM CANNOT BE SUSTAINED BECAUSE COVERAGE EXCLUDED UNDER ABUSE OR MOLESTATION EXCLUSION (Philadelphia Commerce Court)

Posted on June 26, 2006November 13, 2018 by PA Bad Faith Blog

The Philadelphia Court of Common Pleas, Commerce Court, granted the carrier’s Motion for Judgment on the Pleadings.  The Complaint alleged that the insurer refused to defend…

June 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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