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Year: 2008

PA - Federal Pleading Inadequate

DECEMBER 2008 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED WITHOUT PREJUDICE UNDER TWOMBLY: FACTS INSUFFICIENTLY ALLEGED TO ESTABLISH A BAD FAITH CLAIM (Philadelphia Federal)

Posted on December 10, 2008November 13, 2018 by PA Bad Faith Blog

The insurer denied coverage as a result of water damage to the insured’s real estate business and personal property.  The insured was the owner of…

PA - No coverage due, bad faith still possible

DECEMBER 2008 BAD FAITH CASES
BAD FAITH CLAIM CAN EXIST WHERE CONTRACT CLAIM IS PROCEDURALLY BARRED (Philadelphia Federal)

Posted on December 6, 2008November 13, 2018 by PA Bad Faith Blog

The Court stated that a statutory bad faith claim can exist even if there were no viable breach of insurance contract claim, as an independent…

PA - Limitations Period

DECEMBER 2008 BAD FAITH CASES
TWO YEAR LIMITATIONS PERIOD BEGINS WITH DENIAL OF CLAIM (Philadelphia Federal)

Posted on December 5, 2008November 13, 2018 by PA Bad Faith Blog

Pennsylvania’s Supreme Court holds that statutory bad faith claims are subject to a two-year statute of limitations pursuant to 42 Pa.C.S.A. § 5524, but the…

PA - Coverage Issues

DECEMBER 2008 BAD FAITH CASES
BAD FAITH CLAIM AGAINST THE INSURER REMAINS UNRESOLVED, WHERE ARGUMENT AGAINST COVERAGE DENIED IN PART (Western District)

Posted on December 4, 2008November 10, 2018 by PA Bad Faith Blog

In Fleming Fitzgerald & Assocs. V. United States Specialty Ins. Co., a bad faith claim arose after the insurer denied the insured coverage.  The insured…

PA - Coverage Issues

NOVEMBER 2008 BAD FAITH CASES
NO BAD FAITH WHERE INTERPRETATION OF THE POLICY WAS REASOANBLE (Philadelphia Federal)

Posted on November 20, 2008November 13, 2018 by PA Bad Faith Blog

A bad faith claim arose after the insurer denied the insured’s claim for coverage as a result of a heating oil spill in the insured’s basement. …

PA - Claims Handling (reasonable)

NOVEMBER 2008 BAD FAITH CASES
INSURER HAD NO OBLIGATION TO HIRE EXPERT IN CLAIMS HANDLING PROCESS (Philadelphia Federal)

Posted on November 18, 2008November 13, 2018 by PA Bad Faith Blog

A bad faith claim arose from the insurer’s denial of the insured’s claim after her home and personal belongings suffered water damage.  The insured had…

PA - Claims Handling (general)

NOVEMBER 2008 BAD FAITH CASES
INSURER’S SUMMARY JUDGMENT GRANTED WHERE INVESTIGATION AND DENIAL OF THE INSURED’S CLAIM FELL SHORT OF BAD FAITH (Philadelphia Federal)

Posted on November 18, 2008November 13, 2018 by PA Bad Faith Blog

A bad faith claim arose from the insurer’s denial of the insured’s claim after her home and personal belongings suffered water damage.  The insured had a…

PA - Claims Handling (reasonable)

NOVEMBER 2008 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED DUE TO FAILURE TO PROVIDE SUFFICIENT EVIDENCE TO ESTABLISH THE CLAIM (Middle District)

Posted on November 13, 2008November 13, 2018 by PA Bad Faith Blog

A bad faith claim arose from the insurer’s alleged mishandling of the insured’s claim following a fire that destroyed the insured’s home.  The insured had a…

PA - Experts

NOVEMBER 2008 BAD FAITH CASES
CONSEQUENTIAL DAMAGES AND EXPERT FEES NOT RECOVERABLE UNDER BAD FAITH STATUTE (Western District)

Posted on November 12, 2008November 13, 2018 by PA Bad Faith Blog

A bad faith claim arose from the insurer’s failure to defend and indemnify the insured in connection with a train derailment caused by a faulty…

PA - Delay (Insured)

NOVEMBER 2008 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED DUE TO LONG PERIOD OF INACTIVITY (Philadelphia)

Posted on November 6, 2008November 13, 2018 by PA Bad Faith Blog

A bad faith claim arose from an automobile accident in which plaintiff was a passenger in a car insured by the insurer defendant.   The insured had…

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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)
  • 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)
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  • PA – Attorney's Fees (62)
  • PA – Bifurcate/Sever & Stays (65)
  • PA – Choice/Conflict of Law (24)
  • PA – Claims Handling (general) (167)
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  • 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)
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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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