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Month: April 2007

PA - Claims Handling (reasonable)

APRIL 2007 BAD FAITH CASES
NO BAD FAITH UNDER STANDARDS FOR STATUTORY BAD FAITH CLAIM OR CONTRACT-BASED BAD FAITH CLAIM (Philadelphia Federal)

Posted on April 24, 2007November 13, 2018 by PA Bad Faith Blog

The defendant’s insured was the driver of a car involved in a one-car accident that seriously injured three passengers, including the plaintiff.  Over a year…

PA - Claims Handling (reasonable)

APRIL 2007 BAD FAITH CASES
STANDARD OF LIABILITY IN STATUTORY BAD FAITH CLAIM DIFFERS FROM STANDARD FOR CONTRACT-BASED BAD FAITH CLAIM (Philadelphia Federal)

Posted on April 24, 2007November 13, 2018 by PA Bad Faith Blog

The court addressed the standards of proof in common law and statutory bad faith. The insured (Guffey) was the driver of a car involved in…

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

APRIL 2007 BAD FAITH CASES
NO COMMON LAW CLAIMS FOR BAD FAITH IN FIRST PARTY INSURANCE ACTIONS; FIRST PARTY CLAIMS NOT GOVERNED BY BIRTH CENTER V. ST. PAUL (Philadelphia Federal)

Posted on April 23, 2007November 6, 2018 by PA Bad Faith Blog

This Opinion has been reversed.  See July 2007 Archive on this site In Kakule v. Progressive Casualty Insurance Company, the insured was involved in a…

PA - Coverage Issues

APRIL 2007 BAD FAITH CASES — CLAIM FOR BAD FAITH PROPERLY DISMISSED WHERE INSURED MADE CLAIM FOR LIFE INSURANCE BENEFITS FOR DECEASED EX-WIFE (Third Circuit)

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

The insured asserted breach of contract, bad faith denial of benefits and state statutory claims after the insurer denied his claim for benefits under a…

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

APRIL 2007 BAD FAITH CASES
CLAIM FOR BREACH OF CONTRACT STEMMING FROM BAD FAITH HANDLING OF INSURANCE CLAIM IS VIABLE (Western District)

Posted on April 12, 2007November 13, 2018 by PA Bad Faith Blog

The insured plaintiff suffered injuries in a motor vehicle accident and received $200,000 in payments under insurance policies held by both drivers involved in the…

PA - Claims Handling (reasonable)

APRIL 2007 BAD FAITH CASES
INSURER’S ACTIONS TO CLARIFY SCOPE OF COVERAGE IN RESPONSE TO QUESTIONABLE CLAIM INSUFFICIENT TO PROVE BAD FAITH (Western District)

Posted on April 11, 2007November 13, 2018 by PA Bad Faith Blog

A pedestrian was struck as she was crossing a roadway by a third party driver.  The pedestrian died as a result.  The pedestrian’s father possessed an…

PA - Claims Handling (reasonable)

APRIL 2007 BAD FAITH CASES -NO BAD FAITH IN DENYING LONG TERM DISABILITY BENEFITS WHERE INVESTIGATION INCLUDED INDEPENDENT EXAMINATION AND REVIEW (Philadelphia Federal)

Posted on April 10, 2007November 13, 2018 by PA Bad Faith Blog

The plaintiff insured was a principal for a school for students with serious problems with discipline, weapons violations, drugs, or assault.  The plaintiff was involved…

PA - Removal & Remand

APRIL 2007 BAD FAITH CASES
AMOUNT IN CONTROVERSY CANNOT BE CREATED FOR FEDERAL JURISCTION BY INSURED’S REFUSAL TO SIGN INSURER’S FORM OF STIPULATION WHERE INSURED DECLARED CLAIM LESS THAN $75,000

Posted on April 9, 2007November 10, 2018 by PA Bad Faith Blog

In Jenkins v. Texas International Life Insurance, the plaintiff insured brought a claim against the defendant insurer pursuant to the Pennsylvania Bad Faith Insurance statute,…

PA - Delay (Insured)

APRIL 2007 BAD FAITH CASES
NO BAD FAITH IN DELAYING COVERAGE DETERMINATION WHILE INVESTIGATING CLAIM; AND DISPUTE AS TO INSURED’S POTENTIAL MISREPRESENTATION IN APPLICATION NOT MATERIAL TO BAD FAITH CLAIM

Posted on April 8, 2007April 23, 2022 by PA Bad Faith Blog

The insured plaintiff submitted an online application for health insurance.  Thereafter, a representative of the insurer conducted a telephone interview to verify the information in…

April 2007
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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 – 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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