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Month: April 2008

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

APRIL 2008 BAD FAITH CASES
DISTRICT COURT DISMISSES COMMON LAW BAD FAITH CLAIM (Western District)

Posted on April 26, 2008November 13, 2018 by PA Bad Faith Blog

Plaintiff filed a claim for water damage to its building stemming from an unknown cause.  After conducting an investigation, State Automobile Insurance Company (“State Auto”)…

PA - Agents and Administrators

APRIL 2008 BAD FAITH CASES
COURT ALLOWS INSURED’S CLAIM TO ESTOP APPLICATION OF SETOFF PROVISION TO PROCEED, DESPITE CLEAR & UNAMBIGUOUS POLICY LANGUAGE TO THE CONTRARY (Philadelphia Federal)

Posted on April 25, 2008November 6, 2018 by PA Bad Faith Blog

In Romeo v. Unumprovident, the insured was unable to return to her job due to a motor vehicle accident.  Consequently, she began receiving benefits under…

PA - Claims Handling (unreasonable)

APRIL 2008 BAD FAITH CASES
INSURED PLEADS ACTIONABLE BAD FAITH CLAIM BY ALLEGING THAT INSURER PROCEEDED WITH A DECLARATORY JUDGMENT ACTION KNOWING IT COULD NOT PREVAIL (Western District)

Posted on April 24, 2008November 13, 2018 by PA Bad Faith Blog

The Court was confronted with Nationwide’s Motion to Dismiss Plaintiff’s (the insured) Complaint alleging breach of contract and statutory bad faith.  Plaintiff’s Complaint asserted that…

PA - Agents and Administrators

APRIL 2008 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED DUE TO ABSENCE OF DENIAL OF ANY BENEFITS UNDER INSURANCE POLICY (Lackawanna)

Posted on April 23, 2008November 13, 2018 by PA Bad Faith Blog

The Court addressed motions for summary judgment stemming from Plaintiff’s (the insured) Complaint alleging bad faith claims handling.  In an underlying lawsuit, Plaintiff was sued…

PA - Removal & Remand

APRIL 2008 BAD FAITH CASES
REMAND DENIED WHERE NO DEFECT IN REMOVAL OF CASE TO FEDERAL COURT OR ANY RECOGNIZED INCONVENIENCE ARISING FROM THE PRESENT FEDERAL COURT FORUM (Western District)

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

The insured filed a complaint in a Pennsylvania Common Pleas Court against Defendant, his insurer, arising out of a car accident involving Plaintiff and a third…

PA - Procedural Issues

APRIL 2008 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE PLAINTIFF WAS CLASS MEMBER IN PRIOR CLASS ACTION SETTLEMENT AND INJURY WAS BASED ON RELEASED TRANSACTIONS (Western District)

Posted on April 7, 2008November 13, 2018 by PA Bad Faith Blog

Plaintiff was insured by Defendant on two separate life insurance policies.  The policies had been purchased by Plaintiff’s father, and they had been completely paid…

April 2008
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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)
  • PA – Insurer wrong, but reasonable (29)
  • PA – Late notice (6)
  • PA – Law unsettled (28)
  • PA – Limitations Period (79)
  • PA – Litigation Conduct Claims (40)
  • PA – Manuals (28)
  • PA – Mediation (15)
  • PA – MVFRL (48)
  • PA – Negligence not bad faith (61)
  • PA – No coverage due, bad faith still possible (50)
  • PA – No coverage duty, no bad faith (186)
  • PA – Procedural Issues (126)
  • PA – Punitive Damages (59)
  • PA – Red flags during investigation (16)
  • 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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