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Year: 2007

PA - Standing, Assignment or Outside Scope

DECMEBER 2007 BAD FAITH CASES
NO BAD FAITH UNDER FORCED-PLACED INSURANCE POLICY SINCE HOMEOWNER WAS NOT LISTED AS A NAMED INSURED UNDER THE POLICY (Philadelphia Federal)

Posted on December 8, 2007November 5, 2018 by PA Bad Faith Blog

In Caplen v. Security National Servicing Corp., Inc., plaintiff filed a complaint asserting claims for breach of contract and bad faith against an insurance carrier…

PA - General Bad Faith and Litigation Issues

DECEMBER 2007 BAD FAITH CASES
PROOF OF “ILL-WILL” IS PROBATIVE ON INTENTIONALITY PRONG OF BAD FAITH TEST, BUT IS NOT ITSELF AN ELEMENT OF PROVING BAD FAITH (Pennsylvania Superior Court)

Posted on December 7, 2007October 27, 2018 by PA Bad Faith Blog

The Superior Court of Pennsylvania recently analyzed the elements necessary to sustain a bad faith claim in Greene v. United Services Automobile Association.  In Greene,…

PA - ERISA Preemption

DECEMBER 2007 BAD FAITH CASES
CASE REMANDED WHERE NO FRAUDULENT JOINDER OF NON-DIVERSE CO-DEFENDANT (Western District)

Posted on December 3, 2007November 13, 2018 by PA Bad Faith Blog

The carrier removed the case on the basis that there was an ERISA based claim and/or diversity.  Plaintiff brought a breach of contract and bad…

PA - Claims Handling (reasonable)

NOVEMBER 2007 BAD FAITH CASES
NO BAD FAITH WHERE DENIAL REASONABLE BASED ON CLAIMS HANDLING, EVEN THOUGH COVERAGE REMAINED AT ISSUE (Western District)

Posted on November 28, 2007November 13, 2018 by PA Bad Faith Blog

The insured claimed that some of its property was lost due to storm damage.  A reservation of rights letter was issued promptly after the claim…

PA - Limitations Period

NOVEMBER 2007 BAD FAITH CASES
COURT REFUSES TO DISMISS ON BASIS OF STATUTE OF LIMITATIONS AT MOTION TO DISMISS STAGE (Western District)

Posted on November 27, 2007November 13, 2018 by PA Bad Faith Blog

  The insured sought a declaratory judgment and asserted breach of contract and bad faith claims against two insurers.  The insurers moved to dismiss based…

PA - Bifurcate/Sever & Stays

NOVEMBER 2007 BAD FAITH CASES
COURT BIFURCATES DUTY TO DEFEND CASE AND BREACH OF CONTRACT/BAD FAITH CLAIMS (Philadelphia Commerce)

Posted on November 27, 2007November 13, 2018 by PA Bad Faith Blog

The Philadelphia Commerce Court “bifurcated the case, so that the issue of whether [the carrier] had a duty to defend … in the Underlying Action could…

PA - Claims Handling (general)

NOVEMBER 2007 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED WHERE PLAINTIFFS FAILED TO PROVIDE CLEAR AND CONVINCING EVIDENCE THAT INSURER’S FAILURE TO PAY WAS UNREASONABLE (Philadelphia Federal)

Posted on November 26, 2007November 13, 2018 by PA Bad Faith Blog

The Court granted Defendant’s motion for summary judgment and dismissed Plaintiffs’ bad faith claims.  The court held that the Plaintiffs failed to provide clear and…

PA - No coverage duty, no bad faith

NOVEMBER 2007 BAD FAITH CASES
NO BAD FAITH CLAIM CAN BE STATED WHERE NO DUTY TO COVER (Third Circuit)

Posted on November 26, 2007November 13, 2018 by PA Bad Faith Blog

The Third Circuit upheld the district court’s grant of summary judgment to the carrier on the basis that the claim was not covered under the…

PA - Attorney's Fees

NOVEMBER 2007 BAD FAITH CASES
ON REMAIND, TRIAL COURT UPHOLDS ORIGINAL ATTORNEY’S FEE AWARD, AND ADDS FEES FOR PORTIONS OF APPEAL AFFIRMED (Third Circuit)

Posted on November 26, 2007November 10, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Ins. Co., the district court heard a motion under Rule 60(b) to reconsider its earlier award of attorneys’…

PA - Standing, Assignment or Outside Scope

NOVEMBER 2007 BAD FAITH CASES PURPORTED OWNERS STILL HAD NO RIGHT TO BRING CONTRACT OR BAD FAITH ACTION WHEN THERE WERE NOT PARTIES TO THE POLICY (Philadelphia Federal)

Posted on November 26, 2007November 13, 2018 by PA Bad Faith Blog

Four siblings tried to make breach of contract and bad faith claims against an insurer for a fire loss.  The policy was issued only in their…

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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 – UIM/UM Cases (390)
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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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