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Month: September 2008

PA - Delay (Investigation/Claims handling)

SEPTEMBER 2008 BAD FAITH CASES
NO BAD FAITH WHERE LAWYERS FAIL TO DISCLOSE PRECONTRACT NEGLIGENCE, COVERAGE EXCLUDED, REASONABLE BASIS TO DENY CLAIM, INVESTIGATION TIMELY (Philadelphia Commerce)

Posted on September 17, 2008November 13, 2018 by PA Bad Faith Blog

The Philadelphia Commerce Court found that there could be no coverage under a claims made policy where a law firm failed to report a former…

PA - Punitive Damages

SEPTEMBER 2008 BAD FAITH CASES
REMAND DENIED WHERE REASONABLE TO FIND INSURED’S CLAIMS COULD SATISFY AMOUNT IN CONTROVERSY REQUIREMENT BY ASSUMING 4 TO 1 PUNITIVES RATIO (Philadelphia Federal)

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

The insured’s bad faith claim was based on his disability insurer’s alleged improper reduction of his benefits after he received  a lump sum worker’s compensation…

PA - Limitations Period

SEPTEMBER 2008 BAD FAITH CASES
BAD FAITH CLAIM TIME BARRED BY STATUTE OF LIMITATIONS BECAUSE CLAIM WAS NOT FILED BY THE REAL PARTY IN INTEREST UNTIL STATUTE HAD EXPIRED (THIRD CIRCUIT)

Posted on September 11, 2008November 6, 2018 by PA Bad Faith Blog

In Gardner v. State Farm Fire and Casualty Company, the appellant filed a six count claim, including statutory bad faith,  against the insurer arising out…

PA - Reverse Bad Faith

SEPTEMBER 2008 BAD FAITH CASES
EFFORT BY INSURED CONVICTED OF INSURANCE FRAUD TO BRING BAD FAITH CLAIM REBUFFED BY COURT (Western District)

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

The carrier rejected coverage for a breach of contract so severe, that the insured was convicted of insurance fraud for his claim.  Yet, he brought…

PA - ERISA Preemption

SEPTEMBER 2008 BAD FAITH CLAIMS
BAD FAITH CLAIMS PREEMPTED BY ERISA (Philadelphia Federal)

Posted on September 9, 2008November 13, 2018 by PA Bad Faith Blog

The court held that state law claims, including bad faith claims, were preempted by ERISA.   Date of Decision:  July 21, 2008 Brown v. Independence Blue…

September 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)
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  • PA – Manuals (28)
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  • 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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