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Month: January 2007

PA - Removal & Remand

JANUARY 2007 BAD FAITH CASES
PUNITIVE DAMAGES INCLUDED TOWARD AMOUNT IN CONTROVERSY FOR PURPOSES OF REMOVAL, WHERE INSURED ALLOWED TO AMEND COMPLAINT ADDING BAD FAITH CLAIM (Western District)

Posted on January 31, 2007November 13, 2018 by PA Bad Faith Blog

The Court denied Plaintiff’s motion to remand and held that the amount in controversy had been met.  In addition, the court granted defendant insurer’s motion…

PA - Removal & Remand

January 2007 BAD FAITH CASES
COURT RULES THERE IS NO FEDERAL JURISDICTION WHENEVER IT IS POSSIBLE AN INSURED WILL RECOVER LESS THAN THE AMOUNT-IN-CONTROVERSY REQUIREMENT (Philadelphia Federal)

Posted on January 19, 2007November 13, 2018 by PA Bad Faith Blog

The insured filed two claims: one for breach of contract and one for bad faith.  Each claim was followed by a demand for judgment “not…

PA - Removal & Remand

JANUARY 2007 BAD FAITH CASES
NO FEDERAL JURISDICTION WHERE PLAINTIFF UNEQUIVOCALLY ADMITS THAT HER CASE DOES NOT MEET THE AMOUNT-IN-CONTROVERSY REQUIREMENT (Philadelphia Federal)

Posted on January 19, 2007November 6, 2018 by PA Bad Faith Blog

In Brownstein v. Allstate Insurance Company, the insured alleged that her premises suffered $23,254.80 in damage, and that the insurer acted in bad faith by…

PA - Venue

JANUARY 2007 BAD FAITH CASES
BAD FAITH SUIT TRANSFERRED FROM PENNSYLVANIA FEDERAL COURT TO VIRGINIA FEDERAL COURT AFTER BALANCING FACTS (Philadelphia Federal)

Posted on January 18, 2007November 13, 2018 by PA Bad Faith Blog

The carrier had issued a D & O policy to plaintiff.  Plaintiff was seeking coverage for class actions in Missouri and Indiana based on fax…

PA - Reserves

JANUARY 2007 BAD FAITH CASES
COURT RULES DISCOVERY OF RESERVE INFORMATION IS PERMISSIBLE (Middle District)

Posted on January 8, 2007November 13, 2018 by PA Bad Faith Blog

The insured moved to compel the insurer to produce reserve information.  The insurer argued that the reserve information should only be discoverable where liability on…

PA - Attorney Client Privilege

JANUARY 2007 BAD FAITH CASES
COURT ORDERS IN CAMERA REVIEW OF ALLEGEDLY PRIVILEGED INFORMATION TO DETERMINE ISSUES ON MOTION TO COMPEL PRODUCTION (Middle District)

Posted on January 8, 2007November 13, 2018 by PA Bad Faith Blog

The insured moved to compel the insurer to produce documents which the insurer asserted were protected by attorney/client privilege and/or attorney work product.  Pennsylvania law…

PA - Removal & Remand

JANUARY 2007 BAD FAITH CASES
CASE ORIGINALLY STATE COURT ARBITRATION ALLOWED TO PROCEED IN FEDERAL COURT AFTER REMOVAL DESPITE INITIAL CLAIM BEING LIMITED TO $50,000 (Philadelphia Federal)

Posted on January 8, 2007November 13, 2018 by PA Bad Faith Blog

  The insureds sued for breach of contract and bad faith for failure to pay on their claim for $31,445.65 in soot damage.  The case…

PA - Litigation Conduct Claims

JANUARY 2007 BAD FAITH CASES
INSURED MAY PRESENT EVIDENCE OF “BAD FAITH CONDUCT DURING LITIGATION” UNDER ORIGINAL CLAIM FOR BAD FAITH (Middle District)

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

The insured sought to amend her complaint to include a count for the insurer’s bad faith conduct during the litigation.  The motion was based on…

PA - Reverse Bad Faith

JANUARY 2007 BAD FAITH CASES
CARRIER ALLOWED TO PLEAD “REVERSE BAD FAITH” UNDER A CONTRACT THEORY, AS AN AFFIRMATIVE DEFENSE TO STATUTORY BAD FAITH CLAIM (Middle District)

Posted on January 2, 2007November 13, 2018 by PA Bad Faith Blog

The insured moved to strike the carrier’s affirmative defense of “reverse bad faith.”  The insured argued that Pennsylvania does not recognize a claim for reverse…

PA - Attorney Client Privilege

JANUARY 2007 BAD FAITH CASES
CARRIER’S DOCUMENTS RELATING TO MATTERS ESSENTIAL TO BAD FAITH CLAIM DISCOVERABLE, & DOCUMENTS NOT PROTECTED AS WORK PRODUCT NOR PRIVILEGED (Philadelphia Commerce)

Posted on January 1, 2007November 13, 2018 by PA Bad Faith Blog

The insurer appealed a Court Order forcing the insurer to produce documents that the insurer claimed were protected under the work product and attorney client…

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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)
  • 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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