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Month: January 2009

PA - Standing, Assignment or Outside Scope

JANUARY 2009 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE THE PLAINTIFF, THE CHILD OF AN INSURED, LACKED STANDING (Philadelphia Federal)

Posted on January 30, 2009October 24, 2018 by PA Bad Faith Blog

In Aquila v. Nationwide Mutual Insurance Company, the insured husband filed a complaint in United States District Court for the Eastern District of Pennsylvania seeking…

PA - Claims Handling (general)

JANUARY 2009 BAD FAITH CASES
DENIAL OF BENEFITS IS NOT NECESSARY TO TRIGGER BAD FAITH STATUTE (Philadelphia Federal)

Posted on January 21, 2009October 27, 2018 by PA Bad Faith Blog

In Jeffrey K. Kohn v. Unumprovident Corporation,  a bad faith claim arose based on the handling and investigation of the insured’s disability insurance claim.  The…

PA - Discovery and Evidence

JANUARY 2009 BAD FAITH CASES
MOTION TO DISMISS DENIED WHERE REASONABLE BASIS TO SUPPORT EXISTANCE OF INSURANCE CONTRACT (Middle District)

Posted on January 17, 2009October 19, 2018 by PA Bad Faith Blog

In Derocher v. Zurich American Insurance Company,  a bad faith claim arose after an employee of the insured  (“plaintiff”) was injured in an automobile accident…

PA - Standing, Assignment or Outside Scope

JANUARY 2009 BAD FAITH CASES
MOTION TO DISMISS BAD FAITH CLAIM GRANTED BECAUSE NO STATUTORY BAD FAITH POSSIBLE IN CONNECTION WITH POLICY PROCUREMENT (Philadelphia Federal)

Posted on January 16, 2009November 6, 2018 by PA Bad Faith Blog

In Padalino v. The Standard Fire Insurance Company,  a bad faith claim arose because of the insurer’s conduct during the policy procurement of the insured’s…

PA - Agents and Administrators

JANUARY 2009 BAD FAITH CASES
INSURANCE AGENT FAILS TO OBTAIN DISMISSAL OF INSURER’S 3RD PARTY CLAIM FOR INDEMNIFICATION IN BAD FAITH ACTION (Philadelphia Federal)

Posted on January 9, 2009October 23, 2018 by PA Bad Faith Blog

In CRS Auto Parts, Inc. v. National Grange Mutual Insurance Company, Turley Insurance Agency, Inc.,  the insured brought suit against the insurer; but, subsequently the …

PA - Claims Handling (reasonable)

JANUARY 2009 BAD FAITH CASES
INSURER GAINS SUMMARY JUDGMENT WHERE IT CONDUCTED ADEQUATE INVESTIGATION AND HAD A REASONABLE BASIS FOR DENYING COVERAGE (Middle District)

Posted on January 8, 2009October 30, 2018 by PA Bad Faith Blog

In Stacey Smith v. Continental Casualty Company, a bad faith claim arose after the insurer denied coverage for an underlying suit brought against the insured’s…

PA - No coverage duty, no bad faith

JANUARY 2009 BAD FAITH CASES
NO BAD FAITH FOR FAILURE TO DEFEND AND INDEMNIFY WHERE DECISION WAS IN ACCORD WITH THE INSURANCE POLICY’S SCOPE (Middle District)

Posted on January 7, 2009October 24, 2018 by PA Bad Faith Blog

In Everett Cash Mutual Insurance Company and David L. Cupp v. Insurance Corporation of Hanover, a bad faith claim arose after the insurer refused to…

January 2009
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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)
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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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