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Month: September 2007

PA - Standing, Assignment or Outside Scope

SEPTEMBER 2007 BAD FAITH CASES
THIRD PARTY HAS NO STANDING TO BRING A BAD FAITH CLAIM BY GARNISHMENT ACTION ABSENT AN ASSIGNMENT (Philadelphia Federal)

Posted on September 27, 2007November 13, 2018 by PA Bad Faith Blog

The Court ruled that a third party/judgment creditor could not institute a garnishment action against an insurer based on the theory of bad faith without…

PA - No coverage duty, no bad faith

SEPTEMBER 2007 BAD FAITH CASES
NO BAD FAITH WHEN INSURER HAS NO DUTY TO DEFEND OR INDEMNIFY(Philadelphia Federal)

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

The Court was confronted with coverage issues stemming from a homeowner’s policy and the insureds’ requests for a defense and indemnification from third-party claims stemming…

PA - Delay (Payment)

SEPTEMBER 2007 BAD FAITH CASES
FIRST PARTY BENEFITS:INSURER’S REFUSAL TO MAKE A SETTLEMENT OFFER UNTIL AFTER THE START OF THE ARBITRATION MAY TRIGGER BAD FAITH CLAIM (Western District)

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

The court addressed the issue of whether an insurer’s initial refusal to provide a settlement offer in response to the insureds’ demand for first-party benefits…

PA - Removal & Remand

SEPTEMBER 2007 BAD FAITH CASES
EXCERCISING REMOVAL JURISIDICTION FOR CLAIM BELOW $75,000 BECAUSE OF PUNITIVES CLAIM, COURT FINDS INSURER HAD REASONABLE BASIS TO DENY CLAIM (Philadelphia Federal)

Posted on September 7, 2007November 13, 2018 by PA Bad Faith Blog

Plaintiffs filed a claim under their homeowners insurance policy issued by State Farm for property damage to a concrete floor in their garage.  After inspecting…

PA - Bifurcate/Sever & Stays

SEPTEMBER 2007 BAD FAITH CASES
FEDERAL COURT RETAINS JURISDICTION OVER BAD FAITH ACTION EVEN THOUGH PARALLEL GARNISHMENT PROCEEDING IS PURSUED IN STATE COURT (Philadelphia Federal)

Posted on September 6, 2007November 13, 2018 by PA Bad Faith Blog

The Court was confronted with the issue of simultaneous litigation in both state and federal courts involving the same parties and stemming from the same…

PA - Reverse Bad Faith

SEPTEMBER 2007 BAD FAITH CASES
INSURER NOT LIABLE IN BAD FAITH WHEN INSURED MADE MATERIAL MISPRESENTATIONS (Philadelphia Federal)

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

The Court found that there was clear and convincing evidence that the insured committed insurance fraud.  The insured applied for a Deluxe Plus homeowner’s policy…

PA - Claims Handling (reasonable)

SEPTEMBER 2007 BAD FAITH CASES
INSURER NOT LIABLE IN BAD FAITH WHEN INSURED MADE MATERIAL MISPRESENTATIONS (Philadelphia Federal)

Posted on September 5, 2007April 23, 2022 by PA Bad Faith Blog

The court ruled that the insurer did not act in bad faith in denying coverage. The insured applied for a Deluxe Plus homeowner’s policy with…

PA - No coverage due, bad faith still possible

SEPTEMBER 2007 BAD FAITH CASES
LIABILIBY FOR BAD FAITH CONDUCT EVEN AFTER POLICY CANCELLED & PUNITIVE DAMAGES AWARD UPHELD BASED IN LARGE PART ON ATTORNEYS’ FEE AWARD (Third Circuit)

Posted on September 5, 2007November 6, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Insurance Co., the United States Court of Appeals for the Third Circuit affirmed the bad faith decision of…

PA - No coverage due, bad faith still possible

SEPTEMBER 2007 BAD FAITH CASES
INSURER LIABLE FOR BAD FAITH EVEN AFTER POLICY WAS CANCELLED (Third Circuit)

Posted on September 4, 2007November 6, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Insurance Co., the United States Court of Appeals for the Third Circuit affirmed the bad faith decision of…

September 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)
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  • PA – Agents and Administrators (48)
  • PA – Attorney Client Privilege (51)
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  • PA – Bifurcate/Sever & Stays (65)
  • PA – Choice/Conflict of Law (24)
  • PA – Claims Handling (general) (167)
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  • 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)
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  • PA – General Bad Faith and Litigation Issues (105)
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  • PA – UIM/UM Cases (390)
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  • PA – Who is an Insurer? (32)
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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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