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Month: July 2006

PA - Coverage Issues

JULY 2006 BAD FAITH CASES
NO BAD FAITH IN DENYING COVERAGE FOR INJUNCTIVE RELIEF, EVEN WHERE COMPLAINT HAD BOILERPLATE REQUEST FOR COSTS, ATTORNEY’S FEES AND FURTHER RELIEF (Western District)

Posted on July 31, 2006November 10, 2018 by PA Bad Faith Blog

In H.L. Libby Corporation v. Fireman’s Fund Insurance Company, two underlying lawsuits resulted from the alleged pollution of a collection pond following a heavy rain. …

PA - Discovery and Evidence

JULY 2006 BAD FAITH CASES
DISCOVERY OF OTHER CLAIMS DENIED BASED UPON RELEVANCE (Middle District)

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

The Court denied Plaintiff’s request to compel the production of information and documents from the carrier.  Specifically, Plaintiff requested documents and information regarding lawsuits and…

PA - Coverage Issues

JULY 2006 BAD FAITH CASES
INSURED DISPUTED COVERAGE DENIAL ON BASIS THAT A COVERAGE WAIVER WAS FORGED, BUT COURT FINDS INSURED FAILED TO MEET BURDEN OF PROVING FORGERY (Philadelphia Federal)

Posted on July 17, 2006November 13, 2018 by PA Bad Faith Blog

The insured was injured when her car was struck by an underinsured motorist’s vehicle.  After recovering part of her damages from the underinsured motorist’s insurer,…

PA - Punitive Damages

U. S. SUPREME COURT TO HEAR NEW CASE ON PUNITIVE DAMAGES TO INTERPRET REPREHENSIBILITY FACTOR AND ROLE OF IMPACT ON OTHERS (U.S. Supreme Court)

Posted on July 13, 2006October 28, 2018 by PA Bad Faith Blog

The U.S. Supreme Court has granted certiorari in Williams v. Philip Morris, Inc. on two questions:  (1) “Whether, in reviewing a jury’s award of punitive…

PA - No coverage duty, no bad faith

JULY 2006 BAD FAITH CASES
NO COVERAGE FOR STATUTORY CONSUMER PROTECTION LAW CLAIMS, THUS NO BAD FAITH IN REFUSING DEFENSE AND INDEMNIFICATION UNDER CGL POLICY (Philadelphia Federal)

Posted on July 11, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff sought declaratory relief in the U.S. District Court for the Eastern District of Pennsylvania under Pennsylvania’s Bad Faith Statute, claiming that defendant’s failure to…

PA - Venue

JULY 2006 BAD FAITH CASES
BAD FAITH ACTION TRANSFERRED ON BASIS OF FORUM SELECTION CLAUSE (Philadelphia Federal)

Posted on July 10, 2006November 13, 2018 by PA Bad Faith Blog

The court granted Defendant’s Motion to Transfer Venue based upon a forum selection clause in the Group Health Policy.  After a general discussion on forum…

PA - Reverse Bad Faith

JULY 2006 BAD FAITH CASES

INSURER’S UNSUCCESSFUL FRAUD COUNTERCLAIM
IN BAD FAITH ACTION WAS NOT CONSIDERED AN ABUSE OF PROCESS IN LATER SUIT BY INSURED (Third Circuit)

Posted on July 6, 2006November 13, 2018 by PA Bad Faith Blog

The  carrier denied coverage when a fire destroyed the insured’s house.  Coverage was denied because the insured was an arson suspect, and failed to disclose…

July 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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