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Month: August 2008

PA - Procedural Issues

AUGUST 2008 BAD FAITH CASES
CLAIM PRECLUSION DIRECTLY BARRED BAD FAITH CLAIM (Western District)

Posted on August 29, 2008November 13, 2018 by PA Bad Faith Blog

Fogarty brought a ten count complaint, including a bad faith claim arising out of a vehicular accident in which Fogarty was involved.  Fogarty was employed as…

PA - Bifurcate/Sever & Stays

AUGUST 2008 BAD FAITH CASES: INSURER’S MOTION TO BIFURCATE BAD FAITH CLAIM PENDING DISPOSITION OF THE DUTY TO DEFEND CLAIMS DENIED (Philadelphia Federal)

Posted on August 29, 2008November 13, 2018 by PA Bad Faith Blog

The insureds commenced an action seeking a declaratory judgment that the insurer had a duty to defend and indemnify insureds in connection with a lawsuit…

PA - Coverage Issues

AUGUST 2008 BAD FAITH CASES
COLLAPSE VS. INSECT INFESTATIONS – SUMMARY JUDGMENT GRANTED WHEN DAMAGE WAS CAUSED BY TERMITE INFESTATION (Philadelphia Federal)

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

Plaintiff filed a complaint alleging breach of contract and bad faith against the insurer for failing to pay a purported “collapse” claim made under a…

PA - Claims Handling (reasonable)

AUGUST 2008 BAD FAITH CASES
INSURER’S MOTION FOR SUMMARY JUDGMENT GRANTED FOR BAD FAITH CLAIM BECAUSE REASONABLE BASIS FOR DENIAL OF THE INSURED’S CLAIM EXISTED (Philadelphia Federal)

Posted on August 22, 2008November 13, 2018 by PA Bad Faith Blog

Allison initiated suit against the insurer for breach of contract and bad faith based on the insurer’s denial of her claim for water damage to…

PA - Removal & Remand

AUGUST 2008 BAD FAITH CASES
MOTION TO REMAND GRANTED BECAUSE THE INSURED PROPERLY LIMITED THE AMOUNT IN CONTROVERSEY TO AN AMOUNT BELOW THE JURISDICTIONAL LIMIT (Philadelphia Federal)

Posted on August 22, 2008November 13, 2018 by PA Bad Faith Blog

The insureds initiated a bad faith suit against the insurer arising from a property damage claim.  The insureds suffered sudden and accidental, direct physical damage…

PA - Claims Handling (reasonable)

AUGUST 2008 BAD FAITH CASES
MOTION FOR SUMMARY JUDGMENT ON BAD FAITH CLAIM GRANTED WHERE INSURER ACTED REASONABLY IN INVESTIGATION AND DENIAL OF PLAINTIFF’S CLAIM (Philadelphia Federal)

Posted on August 4, 2008November 13, 2018 by PA Bad Faith Blog

Plaintiff initiated suit against the insurer for breach of contract and bad faith based on the insurer’s denial of disability benefits.  Plaintiff asserted that he…

PA - Declaratory Judgment

AUGUST 2008 BAD FAITH CASES
INSURER DID NOT ACT IN BAD FAITH MERELY BY INITIATING A DECLARATORY JUDGMENT ACTION WITH REGARD TO A LEGITIMATE COVERAGE ISSUE (Philadelphia Federal)

Posted on August 4, 2008November 13, 2018 by PA Bad Faith Blog

The insurer brought a motion to dismiss bad faith crossclaims for seeking a declaratory judgment that it had no duty to defend or indemnify the…

PA - Bifurcate/Sever & Stays

AUGUST 2008 BAD FAITH CASES
INSURER’S MOTIONS IN LIMINE DENIED, BUT PLAINTIFF’S WERE GRANTED TO PRECLUDE EVIDENCE THAT DID NOT FOCUS ON INSURER’S CONDUCT; TRIFURCATION DENIED (Middle District)

Posted on August 4, 2008October 19, 2018 by PA Bad Faith Blog

In Suscavage v. Nationwide Mutual Insurance Company, the plaintiff initiated suit stemming from an automobile accident in which plaintiff sustained injuries.  At the time of…

PA - Rescission

AUGUST 2008 BAD FAITH CASES
LIFE INSURANCE POLICY FOUND TO BE VOID WHERE THE INSURED MADE BAD FAITH MATERIAL MISREPRESNTATION ON THE INSURANCE APPLICATION (Philadelphia Federal)

Posted on August 4, 2008April 23, 2022 by PA Bad Faith Blog

Plaintiff sought to recover the proceeds of her deceased’s son’s life insurance policy as the beneficiary. The deceased insured signed and submitted a life insurance…

PA - Who is an Insurer?

AUGUST 2008 BAD FAITH CASES
SUMMARY JUDGMENT GRANTED WHERE BAD FAITH CLAIMS BROUGHT AGAINST FRANCHISOR WHO WAS NOT AN INSURER AND DID NOT ISSUE PLAINTIFF INSURANCE POLICY (Philadelphia Federal)

Posted on August 2, 2008November 13, 2018 by PA Bad Faith Blog

Plaintiff franchisee brought a breach of contract and bad faith claim in the United States District Court for the Eastern District of Pennsylvania against franchisor. …

August 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)
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  • PA – Rescission (32)
  • PA – Reservation of Rights (23)
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  • 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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