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Month: August 2006

PA - Common Law Bad Faith (contractual or fiduciary basis)

AUGUST 2006 BAD FAITH CASES
NO BAD FAITH AGAINST INSURER FOR DELAYING SETTLEMENT OF A THIRD PARTY CLAIM EVEN IF THAT DELAY HARMS THE INSURED, SO LONG AS CLAIM IS SETTLED (Philadelphia Federal)

Posted on August 23, 2006November 13, 2018 by PA Bad Faith Blog

The Federal Court addressed a novel issue of law:  Can an insurance company which settles a third party claim against its insured be liable for…

PA - Agents and Administrators

AUGUST 2006 BAD FAITH CASES
TOO MANY MEN ON THE ICE – COURT BLOCKS ALMOST ALL OF HOCKEY TEAM’S SHOTS ON GOAL IN DISMISSING BAD FAITH CLAIMS (Philadelphia Federal)

Posted on August 18, 2006November 13, 2018 by PA Bad Faith Blog

The Philadelphia Flyers sought insurance coverage for performance bonuses paid under contract to hockey player Joni Pitkanen.  Pitkanin had a base salary of nearly $600,000,…

PA - Discovery and Evidence

AUGUST 2006 BAD FAITH CASES
BAD FAITH CLAIM PROCEEDS: ISSUE OF FACT ON WITHHOLDING THEN PAYING UIM CLAIM; CONTRACT CLAIM WHERE ONLY NOMINAL DAMAGES & NO COMPENSABLE LOSS (Middle District)

Posted on August 9, 2006November 13, 2018 by PA Bad Faith Blog

The Court considered two motions filed by the parties:  the insured’s Motion for Remand alleging that the jurisdictional amount in controversy had not been met; …

PA - Removal & Remand

AUGUST 2006 BAD FAITH CASES
COURT DENIES PLAINTIFF’S MOTION FOR REMAND ON BASIS OF JURISDICTIONAL AMOUNT IN LIGHT OF PUNITIVE DAMAGES CLAIM (Middle District)

Posted on August 9, 2006November 13, 2018 by PA Bad Faith Blog

The Court considered two motions filed by the parties:  the insured’s Motion for Remand alleging that the jurisdictional amount in controversy had not been met; …

PA - Reverse Bad Faith

AUGUST 2006 BAD FAITH CASES
DUE TO THE AMBIGUITY IN THE INSURANCE POLICY, AN INNOCENT CO-INSURED COULD RECOVER UNDER THE POLICY OF INSURANCE (Middle District)

Posted on August 7, 2006November 13, 2018 by PA Bad Faith Blog

The insurer filed motions to dismiss counterclaims filed by the insured alleging violations of Pennsylvania’s Unfair Trade Practices Act and Consumer Protection Law and breach…

PA - Common Law Bad Faith (contractual or fiduciary basis)

AUGUST 2006 BAD FAITH CASES
NO BREACH OF FIDUCIARY DUTY AND NEGLIGENCE CLAIMS BASED ON GIST OF ACTION DOCTRINE AND MUST PLEAD CONSUMER FRAUD CLAIM WITH SPECIFICITY (Philadelphia Federal)

Posted on August 7, 2006November 13, 2018 by PA Bad Faith Blog

The court granted the insurance company’s motion to dismiss three counts of the insured’s complaint – the Pennsylvania Unfair Trade Practices and Consumer Protection Law…

August 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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