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Month: June 2007

PA - Discovery and Evidence

June 2007 BAD FAITH CASES
COURT RULES THAT STATEMENT OF AN UNAVAILABLE INSURANCE REPRESENTATIVE IS ADMISSIBLE BASED ON THE RARELY INVOKED RESIDUAL HEARSAY EXCEPTION (Philadelphia Federal)

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

The insured alleged breach of contract and bad faith.  Two days before a homeowners insurance policy was to be cancelled, the property was damaged by…

PA - Experts

JUNE BAD FAITH CASES
COURT REJECTS BAD FAITH PLAINTIFF’S EXPERT TESTIMONY FOR HIGHER DUTY IN FIRST PARTY CLAIMS AND THAT FIRST PARTY CLAIMS ARE NOT ADVERSARIAL (Pennsylvania Superior Court)

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

The Pennsylvania Superior Court reversed the trial court’s $75,000 judgment entered against the insurer following a non-jury trial on a bad faith claim made by…

PA - Claims Handling (reasonable)

JUNE BAD FAITH CASES
INSURER DID NOT ACT IN BAD FAITH WHEN IT FAILED TO MAKE A PARTIAL PAYMENT, UNDERVALUED THE CLAIM AND FAILED TO RAISE IT’S OFFER (Pennsylvania Superior Court)

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

Tthe Pennsylvania Superior Court reversed the trial court’s $75,000 judgment entered against the insurer following a non-jury trial on a bad faith claim made by…

PA - Coverage Issues

JUNE BAD FAITH CASES
PENNSYLVANIA’S PUBLIC POLICY DOES NOT FORBID ALL LIABILITY POLICIES FROM COVERING CONTRACT BASED CLAIMS (Philadelphia Federal)

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

The court decided that in the absence of a policy exclusion for contract-based claims in a Directors, Officers and Corporate Liability Policy, Pennsylvania’s public policy…

PA - Claims Handling (reasonable)

JUNE BAD FAITH CASES
ACTING IN BAD FAITH FOR INITIALLY DENYING BENEFITS, THEN REVERSING BASED ON MISTAKE OR NEW EVIDENCE (Western District)

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

There was a genuine issue of material fact as to whether the insurer acted in bad faith in initially denying benefits even though the denial…

June 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)
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  • 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)
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  • NJ – Discovery and Evidence (22)
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  • 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)
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  • PA – Agents and Administrators (48)
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  • PA – Claims Handling (general) (167)
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  • PA – Delay (Insured) (41)
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  • PA – Discovery and Evidence (188)
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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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