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Month: September 2006

PA - ERISA Preemption

SEPTEMBER 2006 BAD FAITH CASES
BAD FAITH CLAIMS PREEMPTED BY ERISA (Philadelphia Federal)

Posted on September 28, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff alleged, among other things, that Defendant acted in bad faith in failing to pay disability benefits due him under designated insurance plans (the “Plans”),…

PA - Claims Handling (reasonable)

SEPTEMBER 2006 BAD FAITH CASES
NO BAD FAITH WHERE LEGAL POSITION WAS REASONABLE, INVESTIGATION WAS PROMPT AND THOROUGH AND DEFENSE, WHILE VIGOROUS, WAS REASONABLE (Western District)

Posted on September 27, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff claimed her home was damaged by vibrations from heavy construction work.  The carrier engaged an engineer to investigate the damage, who concluded it had…

PA - Federal Pleading Adequate

SEPTEMBER 2006 BAD FAITH CASES
PLAINTIFF SUFFICIENTLY ALLEGED BAD FAITH TO WITHSTAND DISMISSAL (Philadelphia Federal)

Posted on September 27, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiffs, an insured and its corporate officers, filed against Defendant insurer claims for breach of contract and bad faith refusal to defend in litigation in…

PA - Agents and Administrators

SEPTEMBER 2006 BAD FAITH CASES
COURT REVIEWS THE DEFINITION OF “INSURER” UNDER BAD FAITH STATUTE (Western District)

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

Plaintiffs asserted statutory bad faith and breach of contract claims against a doctor and the claims administrator for a co-defendant disability insurance carrier.  The claims…

PA - Delay (Investigation/Claims handling)

SEPTEMBER 2006 BAD FAITH CASES
CUMULATIVE EFFECT OF CONDUCT, INCLUDING MISLEADING OWN COUNSEL, SHOWS BAD FAITH (Philadelphia Common Pleas)

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

Plaintiff originally filed a first-party underinsured motorist claim against AMEX, which AMEX later refused.  Plaintiff brought suit against AMEX alleging, among other things, bad faith…

PA - ERISA Preemption

SEPTEMBER 2006 BAD FAITH CASES
ERISA PRE-EMPTS PENNSYLVANIA’S BAD FAITH STATUTE (Philadelphia Federal)

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

Plaintiff’s complaint consisted of eight counts, including a bad faith claim under Pennsylvania’s bad faith statute, all arising from an employment dispute resulting in ineligibility…

PA - General Bad Faith and Litigation Issues

SEPTEMBER 2006 BAD FAITH CASES
BAD FAITH CLAIMS UNDER PENNSYLVANIA’S BAD FAITH STATUTE CANNOT REST ON INSURERS EXACTING HIGHER PREMIUMS (Middle District)

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

Liberty Mutual brought suit against Muskin to recover retrospective premiums allegedly owed under a series of workers’ compensation policies.  Muskin counterclaimed, seeking bad faith damages…

PA - Attorney's Fees

SEPTEMBER 2006 BAD FAITH CASES
ATTORNEY’S FEES NOT RECOVERABLE IN DECLARATORY JUDGMENT ACTION IF PLAINTIFF HAS NOT ALLEGED INSURER BAD FAITH (Western District)

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

The carrier asserted that attorney’s fees could not be granted to a plaintiff which had not averred bad faith in the Complaint.  The United States…

PA - No coverage duty, no bad faith

SEPTEMBER 2006 BAD FAITH CASES
NO BREACH OF CONTRACT, AND SO NO BAD FAITH, WHEN DECEDENT DID NOT ACCEPT TERMS OF LIFE INSURANCE POLICY WHILE ALIVE (Western District)

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

A widow brought an action against the insurer claiming that she was entitled to life insurance benefits under a policy for which her deceased husband…

PA - Rescission

SEPTEMBER 2006 BAD FAITH CASES: NO INSURER BAD FAITH PERMITTED WHEN THE INSURED ENTITY WAS DEEMED RESPONSIBLE FOR FALSE REPRESENTATIONS ON INSURANCE APPLICATION (Philadelphia Federal)

Posted on September 11, 2006April 23, 2022 by PA Bad Faith Blog

The carrier sought a declaration that the missionary (1) was not Defendant’s employee at the time of an accident and (2) made material misrepresentations, and…

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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)
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  • 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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