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Month: November 2006

PA - Delay (Insured)

NOVEMBER 2006 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED FOR LACK OF PROSECUTION (Philadelphia)

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

Plaintiff passenger filed an underinsured motorist (UIM) claim against Defendant insurer.  The Philadelphia Court of Common Pleas entered a judgment of non pros.  The Court…

PA - MVFRL

NOVEMBER 2006 BAD FAITH CASES
MVFRL PREEMPTS BAD FAITH STATUTE (Middle District)

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

Plaintiff alleged that he was injured in a motor vehicle accident and Defendant refused to pay medical and wage loss benefits in bad faith.  Defendant…

PA - Conflict of Interest

NOVEMBER 2006 BAD FAITH CASES
MOTION TO DISQUALIFY CARRIER’S FORMER STAFF LAWYER FROM BRINGING BAD FAITH CLAIM AS PLAINTIFF’S ATTORNEY REJECTED (Middle District)

Posted on November 24, 2006November 13, 2018 by PA Bad Faith Blog

The Court considered Defendant’s Motion to Disqualify Attorney Selingo and his law firm based on assertions that continued representation would violate various rules of professional…

PA - Procedural Issues

NOVEMBER 2006 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED FOR FAILURE TO PROSECUTE (Philadelphia Federal)

Posted on November 24, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff was a passenger in a car in a 1993 automobile accident, and was insured by Allstate.  Plaintiff sought first-party and uninsured motorist payment from…

PA - ERISA Preemption

NOVEMBER 2006 BAD FAITH CASES
BAD FAITH STATUTE SPECIFICALLY NOT SAVED FROM PREEMPTION UNDER ERISA’S SAVINGS CLAUSE (Western District)

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

Plaintiffs brought suit alleging breach of contract and bad faith after Defendants denied them insurance coverage for medical treatment.  Defendants removed the case to the…

PA - Removal & Remand

NOVEMBER 2006 BAD FAITH CASES
SPECULATIVE BAD FAITH DAMAGES NOT SUFFICIENT TO PLEAD AMOUNT IN CONTROVERSY MINIMUM AND CASE REMANDED TO STATE COURT (Middle District)

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

Plaintiff was involved in a motor vehicle accident as a passenger and subsequently filed a coverage claim.  Defendant refused the claim and Plaintiff brought suit…

PA - Standing, Assignment or Outside Scope

NOVEMBER 2006 BAD FAITH CASES
COURT HOLDS 3RD PARTY HAS NO STANDING TO BRING BAD FAITH ACTION AGAINST AUTOMOBILE INSURER (Philadelphia)

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

Pro se Plaintiff Twila Haynes brought a bad faith suit in Philadelphia’s Municipal Court, alleging that State Farm refused to pay a claim which arose from…

PA - ERISA Preemption

NOVEMBER 2006 BAD FAITH CASES
BAD FAITH CLAIM PREEMPTED BY ERISA (Philadelphia Federal)

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

Plaintiff filed suit to recover disability benefits under a group disability plan, administered by Defendant on behalf of Plaintiff’s employer.  Plaintiff alleged various state law…

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

NOVEMBER 2006 BAD FAITH CASES
INSURED HELD TO HAVE DUTY OF GOOD FAITH AND FAIR DEALING TO INSURER (Western District)

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

The Court considered Plaintiff’s Motion to Dismiss Defendant insurers’ counterclaim alleging Plaintiff’s breach of a duty of good faith and fair dealing.  The claims arose…

PA - Federal Pleading Inadequate

NOVEMBER 2006 BAD FAITH CASES
PLAINTIFF MUST PLEAD REQUISITE STATE OF MIND TO SET FORTH AN ACTIONABLE CLAIM FOR BAD FAITH OR CLAIM WILL BE DISMISSED, AS IN THIS CASE (Middle District)

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

Plaintiffs claimed, among other things, breach of contract and bad faith as a result of Defendant’s denial of benefits under an auto insurance policy.  The…

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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)
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  • PA – Removal & Remand (98)
  • PA – Rescission (32)
  • PA – Reservation of Rights (23)
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  • 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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