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…
Year: 2007
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,…
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…
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…
The insured sought a declaratory judgment and asserted breach of contract and bad faith claims against two insurers. The insurers moved to dismiss based…
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…
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…
NOVEMBER 2007 BAD FAITH CASES
NO BAD FAITH CLAIM CAN BE STATED WHERE NO DUTY TO COVER (Third Circuit)
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…
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’…
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…