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Month: July 2008

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

JULY 2008 BAD FAITH CASES
BAD FAITH CLAIM COUNT DISMISSED WHERE DUPLICATIVE RECOVERY POSSIBLE THROUGH OTHER COUNTS OF THE CLAIM (Western District)

Posted on July 30, 2008November 13, 2018 by PA Bad Faith Blog

The insured initiated suit against the insurer stemming from alleged accidental damages to the insured’s building including damages arising from vandalism.  The insured was a…

PA - Coverage Issues

JULY 2008 BAD FAITH CASES
INSURER’S MOTION TO DISMISS DENIED WHERE POTENTIAL FOR POLICY COVERAGE EXISTED FOR CLAIMS AGAINST THE INSURED (Philadelphia Federal)

Posted on July 28, 2008November 13, 2018 by PA Bad Faith Blog

The insured initiated suit against the insurer based upon a dispute regarding the applicability of an insurance policy issued by the insurer,  to claims in…

PA - Attorney Client Privilege

JULY 2008 BAD FAITH CASES
SECOND MOTION TO COMPEL INSURER’S TRAINING DOCUMENTS DENIED BECAUSE COURT FOUND DOCUMENTS WERE SUBJECT TO ATTORNEY-CLIENT PRIVILEGE (Philadelphia Federal)

Posted on July 28, 2008November 13, 2018 by PA Bad Faith Blog

The insured filed a second motion to compel the insurer to produce certain training documents. The insured filed a bad faith claim against the insurer…

PA - No coverage duty, no bad faith

JULY 2008 BAD FAITH CASES
NO BAD FAITH WHERE INSURER DENIED A CLAIM BASED ON AN UNAMIBIGIOUS EXCLUSION IN THE INSURED’S POLICY RE SURFACE WATER (Third Circuit)

Posted on July 16, 2008November 6, 2018 by PA Bad Faith Blog

In T.H.E. Insurance Company v. Charles Boyer Childrens Trust, the insured’s bad faith counterclaim was based on the insurer’s denial of coverage for water damage…

PA - Venue

JULY 2008 BAD FAITH CASES
VENUE FOR BAD FAITH CLAIM FOUND TO BE PROPER WHERE INSURER REGULARLY DID BUSINESS (Philadelphia)

Posted on July 16, 2008November 13, 2018 by PA Bad Faith Blog

Brown brought bad faith and breach of contract claims against the insurer based on the insurer’s failure to cover all the damages that occurred to…

PA - Limitations Period

JULY 2008 BAD FAITH CASES
INSURER’S MOTION TO DISMISS DENIED BECAUSE COURT FOUND THAT THE INSURED HAD TIMELY FILED THE CLAIM (Middle District)

Posted on July 15, 2008November 13, 2018 by PA Bad Faith Blog

This bad faith claim arose from an automobile accident involving Bowers and another driver.  Bowers was struck by another car and sustained severe and permanent injuries…

PA - Removal & Remand

JULY 2008 BAD FAITH CASES
MOTION TO REMAND COMPLAINT TO STATE COURT GRANTED WHERE AT LEAST ONE COLORABLE CLAIM EXISTED AGAINST NON-DIVERSE PARTIES (Middle District)

Posted on July 15, 2008November 6, 2018 by PA Bad Faith Blog

In Kenia v. Nationwide Mutual Insurance Company the insured initiated a complaint against the insurer, for among other things, bad faith relating to the processing…

PA - Discovery and Evidence

JULY 2008 BAD FAITH CASES
INSURER’S MOTION GRANTED TO PRECLUDE INQUIRY INTO POST ARBITRATION CONDUCT OF THE INSURER WITH REGARD TO BAD FAITH CLAIM (Philadelphia Federal)

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

Plaintiff initiated suit against the insurer stemming from an automobile accident in which he sustained injuries.  Plaintiff was involved in an automobile accident.  Plaintiff had…

PA - Claims Handling (unreasonable)

JULY 2008 BAD FAITH CASES
INSURER’S MOTION FOR SUMMARY JUDGMENT GRANTED IN PART BASED ON ALLEGATIONS OUTSIDE THE SCOPE OF THE BAD FAITH STATUTE; DENIED AS TO COGNIZABLE CLAIMS (Middle District)

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

Plaintiff’s claim arose out of the collapse of a milk silo on plaintiff’s property.  Plaintiff purchased a milk silo and obtained an insurance policy for…

PA - Discovery and Evidence

JULY 2008 BAD FAITH CASES
INSURED’S ATTORNEY SANCTIONED FOR FAILURE TO COMPLY WITH DISCOVERY REQUESTS WITH REGARD TO BAD FAITH SUIT (Philadelphia Federal)

Posted on July 9, 2008October 30, 2018 by PA Bad Faith Blog

In Wirerope Works, Inc. v. Travelers Excess and Surplus Lines Company, plaintiff insured  filed a bad faith suit against the insurer with regard to the…

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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)
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  • PA – Law unsettled (28)
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  • PA – Negligence not bad faith (61)
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  • PA – Procedural Issues (126)
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  • 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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