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Month: July 2007

PA - No coverage duty, no bad faith

JULY 2007 BAD FAITH CASES
COURT FINDS THAT INSURANCE BAD FAITH DOES NOT APPLY IN THE ANNUITY CONTEXT WHERE NO FAILURE TO PAY A CLAIM (Commonwealth Court)

Posted on July 25, 2007November 13, 2018 by PA Bad Faith Blog

The defendant purchased an annuity policy for Mr. Carter, now deceased, the defendant’s sole police officer.  At the time, Mr. Carter was designated the beneficiary…

PA - Limitations Period

JULY 2007 BAD FAITH CASES
COURT GRANTS INSURER’S MOTION FOR SUMMARY JUDGMENT ON STATUTE OF LIMITATIONS (Middle District)

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

The insured filed a claim for benefits under her insurance policy after her home was destroyed by a fire.  The insured alleged that the insurer…

PA - Standing, Assignment or Outside Scope

JULY 2007 BAD FAITH CASES
COURT GRANTS INSURER’S MOTION FOR SUMMARY JUDGMENT AS CLAIMS WERE BASED ON POLICY FORMATION AND NOT A DENIAL OF BENEFITS (Middle District)

Posted on July 23, 2007November 5, 2018 by PA Bad Faith Blog

In Novinger Group, Inc. v. Hartford Ins., Inc., the insureds filed suit against the insurer because they alleged that they were “baited and switched” into…

PA - Claims Handling (reasonable)

JULY 2007 BAD FAITH CASES
NO BAD FAITH ADJUSTMENT OF INSURED’S LOSS WHEN THE VALUE OF THE LOSS WAS LEGITIMATELY SUBJECT TO DISPUTE (Third Circuit)

Posted on July 17, 2007November 13, 2018 by PA Bad Faith Blog

Plaintiff filed a bad faith claim against her insurer alleging that it improperly valued the damage to her property.  Plaintiff had  stored property in a…

PA - Coverage Issues

JULY 2007 BAD FAITH CASES
COURT DENIES EACH PARTY’S SUMMARY JUDGMENT MOTION REGARDING BAD FAITH CLAIM FOR CLEARLY NEGLIGENT COVERAGE DENIAL (Western District)

Posted on July 9, 2007November 13, 2018 by PA Bad Faith Blog

The insureds sought a declaration of their right to the advancement of their defense expenses in a related action and alleged that the insurer’s refusal…

PA - ERISA Preemption

JULY 2007 BAD FAITH CASES
BAD FAITH CLAIM PREEMPTED BY ERISA (Third Circuit)

Posted on July 5, 2007November 13, 2018 by PA Bad Faith Blog

The United States Court of Appeals for the Third Circuit was confronted with the issue of a bad faith claim due to an alleged failure…

PA - Claims Handling (reasonable)

JULY 2007 BAD FAITH CASES
INSURER CONDUCTED THOROUGH INVESTIGATION AND MADE A REASONABLE FINDING (Philadelphia Federal)

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

The Court ruled that the insurer had not acted in bad faith.  The insureds noticed water penetrated to the interior of their house and believed…

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

JULY 2007 BAD FAITH CASES
REVERSING ITSELF, FEDERAL DISTRICT COURT PREDICTS THAT PENNSYLVANIA LAW WOULD PERMIT BAD FAITH BREACH OF CONTRACT CLAIMS FOR FIRST PARTY BENEFITS (Philadelphia Federal)

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

The plaintiff sustained personal injuries due to an automobile accident and filed a claim with the defendant insurer for uninsured motorist benefits.  The insurer offered…

PA - No coverage duty, no bad faith

JULY 2007 BAD FAITH CASES
INSURER’S INTERPRETATION OF “REGULAR USE” EXCLUSION WAS REASONABLE (Western District)

Posted on July 2, 2007November 10, 2018 by PA Bad Faith Blog

In Liberty Mutual Ins. Group and Prudential Property & Casualty Insurance v. Johnson, the Western District of Pennsylvania interpreting the “regular use” exclusion, found that…

July 2007
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Categories:

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  • NJ – General Bad Faith and Litigation Issues (48)
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  • NJ – Litigation Conduct (2)
  • NJ – Negligence not bad faith (15)
  • NJ – No coverage due, no bad faith (34)
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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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