Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog

Skip to content
Menu
  • Home
  • About This Blog
  • Disclaimer
  • Privacy Policy
  • Searching this Blog

Year: 2009

PA - Declaratory Judgment

DECEMBER 2009 BAD FAITH CASES
NO BAD FAITH WHERE INSURER FILES DECLARATORY JUDGMENT BEFORE CLAIM WAS MADE (Middle District)

Posted on December 5, 2009November 11, 2018 by PA Bad Faith Blog

In Principal Life Ins. Co. v. DeRose, the insurer filed a declaratory judgment seeking a declaration that its obligations under insurance policies issued on the life…

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

DECEMBER 2009 BAD FAITH CASES
INSUREDS MAY BE ENTITLED TO COMPENSATORY DAMAGES BEYOND DAMAGES FOR STAUTORY BAD FAITH (Middle District)

Posted on December 4, 2009November 13, 2018 by PA Bad Faith Blog

The insurer argued that the insured’s claim for breach of the covenant of utmost fair dealing, should be dismissed for failure to state a claim…

PA - Procedural Issues

DECEMBER 2009 BAD FAITH CASES
CLASS STATUS DENIED ON OTHER GROUNDS, BUT COURT WOULD HAVE FOUND PREDOMINANCE STANDARD MET RE BAD FAITH CLAIM OF A COMPANY WIDE PRACTICE (WESTERN DISTRICT)

Posted on December 3, 2009November 13, 2018 by PA Bad Faith Blog

This case involved a putative class action against an insurer for bad faith, among other things.  The court denied class action status as the typicality and…

PA - Agents and Administrators

NOVEMBER BAD FAITH CASES
COURT’S RULING ON INSURED’S MOTION TO COMPEL DISCOVERY, DEPOSITIONS AND PRODUCTION OF DOCUMENTS (Western District)

Posted on November 16, 2009November 11, 2018 by PA Bad Faith Blog

In Smith v. Life Investors Ins. Co. of Am., the plaintiff in a class action suit filed a motion to compel discovery pursuant to Fed. R.…

PA - Coverage Issues

NOVEMBER BAD FAITH CASES
NO BAD FAITH WHERE INSURER SETTLED CLAIMS AND EXHAUSTED POLICY LIMIT BEFORE ALL POTENTIAL CLAIMS HAD BEEN FILED (Philadelphia Federal)

Posted on November 14, 2009November 11, 2018 by PA Bad Faith Blog

In NIA Learning Ctr., Inc. v. Empire Fire & Marine Ins. Cos., the insured was involved in a car accident with Kim Stewart.  As a…

PA - Claims Handling (general)

NOVEMBER BAD FAITH CASES
INSURER’S FAILURE TO FOLLOW BEST PRACTICES AND SPEAK WITH INSURED BEFORE DENYING COVERAGE NOT BAD FAITH WHERE NO COVERAGE (Third Circuit)

Posted on November 13, 2009November 11, 2018 by PA Bad Faith Blog

In Smith v. Continental Casualty Company, the assignees hired an agent of an insurance broker-dealer to perform financial planning services.  The agent allegedly recommended investments…

PA - No coverage duty, no bad faith

NOVEMBER BAD FAITH CASES
NO BAD FAITH WHERE INSURER PARTIALLY DENIED CLAIM FOR WATER DAMAGE BASED ON POLICY EXCLUSION (Philadelphia Federal)

Posted on November 12, 2009November 13, 2018 by PA Bad Faith Blog

The insured had a commercial building insurance policy on a three-story property.  The insured notified its insurer that a drain line from the roof had…

PA - Agents and Administrators

NOVEMBER 2009 BAD FAITH CASES
INSURER SUED FOR BAD FAITH COULD BE ENTITLED TO CONTRIBUTION FROM NEGLIGENT INSURANCE BROKER

Posted on November 11, 2009November 13, 2018 by PA Bad Faith Blog

The insured’s facility was flooded causing damage to its building, materials and inventory.  At the time of the flood, the insured had two insurance policies…

PA - Removal & Remand

NOVEMBER 2009 BAD FAITH CASES
NO REMAND WHERE REASONABLE VALUATION OF PLAINTIFF’S CLAIMS DOES NOT CREATE A LEGAL CERTAINTY THAT CLAIM IS WORTH LESS THAN $75,000 (Western District)

Posted on November 7, 2009November 13, 2018 by PA Bad Faith Blog

The court was asked to remand a case where there were damages pleaded in excess of $30,000, and where attorneys’ fees and punitives were sought…

PA - Standing, Assignment or Outside Scope

OCTOBER 2009 BAD FAITH CASES
PARTY DOES NOT STAND IN INSURER’S SHOES TO PROVIDE DEFENSE/INDEMNITY WHERE INSURER WILL NOT DO SO FOR ADDITIONAL INSURED (Philadelphia Federal)

Posted on October 30, 2009November 11, 2018 by PA Bad Faith Blog

In Detwiler v. Valero Marketing and Supply Company, one party was to make the other an additional insured on a policy.  It did so, but…

Posts navigation

Page 1 Page 2 … Page 11 Next Page
January 2023
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
3031  
« May    

Search

Archives

  • ►2022
    • May
    • April
    • March
    • February
    • January
  • ►2021
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2020
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2019
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2018
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2017
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2016
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2015
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2014
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2013
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2012
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2011
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2010
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2009
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2008
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • April
    • March
    • February
    • January
  • ►2007
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2006
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January

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

Subscribe by Email

Signup to receive e-mail notifications about future blog posts.


 

© Copyright 2023 – Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog
Wisteria Theme by WPFriendship ⋅ Powered by WordPress