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Month: May 2007

PA - Removal & Remand

MAY 2007 BAD FAITH CASES
PHILADELPHIA COMPULSORY ARBITRATION CASE REMANDED AFTER REMOVAL BY INSURER TO FEDERAL COURT, BECAUSE INITIAL CLAIM WAS LIMITED TO $50,000 (Philadelphia Federal)

Posted on May 24, 2007November 6, 2018 by PA Bad Faith Blog

In Punzak v. Allstate Insurance Company, the U.S. District Court for the Eastern District of Pennsylvania was presented with the common scenario of a carrier’s…

PA - Claims Handling (reasonable)

MAY 2007 BAD FAITH CASES
INSURER DID NOT ACT IN BAD FAITH IN DENYING HOMEOWNER’S CLAIM FOR DAMAGES TO PLUMBING CAUSED BY NORMAL DETERIORATION OF PIPE (Philadelphia Federal)

Posted on May 22, 2007November 13, 2018 by PA Bad Faith Blog

The Plaintiffs were insured under a homeowner’s policy they purchased from the Defendant.  The policy insured against “accidental direct physical loss” to their home.  Plaintiffs…

PA - Attorney's Fees

MAY 2007 BAD FAITH CASES
INSURED ENTITLED TO CONSEQUENTIAL DAMAGES ALTHOUGH NO BAD FAITH FOUND ON PART OF INSURER (Philadelphia Commerce)

Posted on May 21, 2007November 13, 2018 by PA Bad Faith Blog

The Philadelphia Court of Common Pleas, Commerce Court, issued a written opinion relative to the cross appeals of plaintiff and defendant of the court’s order denying…

PA - Claims Handling (unreasonable)

MAY 2007 BAD FAITH CASES
COURT DENIES EXTENDING REQUIREMENT THAT INSURER ESTABLISH PREJUDICE FROM INSUREDS FAILURE TO COMPLY WITH CONSENT TO SETTLE PROVISION (Western District)

Posted on May 17, 2007November 10, 2018 by PA Bad Faith Blog

  In Voest Alpine Industries, Inc. v. Zurich American Insurance Co., the insured filed a motion for summary judgment based on two propositions: (1) that…

PA - Procedural Issues

MAY 2007 BAD FAITH CASES
COURT DISMISSES BAD FAITH CLAIM SUA SPONTE WHERE INSUREDS FAIL TO IMPLICATE FEDERAL RIGHTS AND FAIL TO MEET AMOUNT IN CONTROVERSY REQUIREMENT (Middle District)

Posted on May 16, 2007November 13, 2018 by PA Bad Faith Blog

The insureds sought coverage when their inflatable swimming pool “split suddenly and without warning,” causing 3,000 gallons of water to enter their basement.  The insureds’…

PA - Attorney Client Privilege

MAY 2007 BAD FAITH CASES
COURT RECONSIDERS PRIOR ORDER TO PRODUCE ALLEGEDLY PRIVILEGED DOCUMENTS FROM LEGAL COUNSEL (Middle District)

Posted on May 11, 2007November 6, 2018 by PA Bad Faith Blog

In Pengate Handling Systems, Inc. v. Westchester Surplus Lines Insurance, the Court reconsidered its prior decision (summarized in the March 2007 Archive on this site)…

PA - No coverage duty, no bad faith

MAY 2007 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED SINCE GENERAL CONTRACTOR NOT NAMED AS AN ADDITIONAL INSURED DUE TO PROPERTY USE EXCLUSION(Middle District)

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

A new model home was destroyed by a fire allegedly due to the negligent installation of a gas fire place.  The subcontractor who had installed the…

May 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 – Reinsurance (13)
  • PA – Release of bad faith claim (12)
  • 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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