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Month: February 2009

PA - Removal & Remand

FEBRUARY 2009 BAD FAITH CASES
BAD FAITH CASE REMANDED FOR FAILING TO MEET AMOUNT IN CONTROVERSY REQUIREMENT, DESPITE INSURED’S REFUSAL TO STIPULATE LIMIT ON AMOUNT (Philadelphia Federal)

Posted on February 28, 2009November 6, 2018 by PA Bad Faith Blog

In Rutherford v. Progressive Northern Insurance Company, the court remanded the case to the Court of Common Pleas of Philadelphia County because the amount in…

PA - No coverage duty, no bad faith

FEBRUARY 2009 BAD FAITH CASES
NO BAD FAITH CLAIM WHERE THERE IS NO COVERAGE UNDER THE POLICY IN MED MAL CASE(Western District)

Posted on February 23, 2009November 6, 2018 by PA Bad Faith Blog

In Selective Way Insurance Company v. RHJ Medical Center, Inc., the court found there was no coverage under the unambiguous terms of the insurance policy. …

PA - Procedural Issues

FEBRUARY 2009 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE OF INSURED’S OWN BAD FAITH IN FAILING TO PURSUE CASE, DESPITE POSSIBLY MERITORIOUS CLAIM (Middle District)

Posted on February 16, 2009October 26, 2018 by PA Bad Faith Blog

In Bromily Inc., t/a Bankers v. State National Insurance Company, Inc., the insured filed a complaint asserting breach of contract and statutory bad faith against…

PA - No coverage duty, no bad faith

FEBRUARY 2009 BAD FAITH CASES
NO BAD FAITH CLAIM WHERE THE INSURER PROPERLY DENIED COVERAGE UNDER APPLICABLE POLICY EXCLUSION (Middle District)

Posted on February 14, 2009October 24, 2018 by PA Bad Faith Blog

In White v. West American Insurance Company, a bad faith claim arose after the insurer denied coverage with respect to the insured’s claims for damages…

PA - Venue

FEBRUARY 2009 BAD FAITH CASES
PHILADELPHIA BAD FAITH CASE DISMISSED ON FORUM NON CONVENIENS GROUNDS WITH LEAVE TO REFILE IN MARYLAND (Philadelphia Commerce)

Posted on February 13, 2009October 26, 2018 by PA Bad Faith Blog

In Lewittman v. Mt. Vernon Fire Insurance Company, Philadelphia’s Commerce Court dismissed a putative Pennsylvania bad faith claim on forum non conveniens grounds.  The event…

PA - Settlement related issues

FEBRUARY 2009 BAD FAITH CASES
SUMMARY JUDGMENT GRANTED WHERE INSURER’S SETTLEMENT POSITION REASONABLE EVEN THOUGH ARBITRATION AWARD EXCEEDED OFFER (Philadelphia Federal)

Posted on February 11, 2009October 24, 2018 by PA Bad Faith Blog

In Laferriere v. Zurich American Insurance Company, a bad faith claim arose after a motor vehicle accident.  The plaintiff was struck from behind while she…

PA - General Bad Faith and Litigation Issues

FEBRUARY 2009 BAD FAITH CASES
GENUINE ISSUE OF FACT ON TIMING OF LAYOFF PRECLUDED SUMMARY JUDGMENT ON LOST WAGES CLAIM; DELAWARE COMMON LAW DID NOT MAP SECTION 8371 (Philadelphia Federal)

Posted on February 10, 2009October 27, 2018 by PA Bad Faith Blog

In Hatchigan v. State Farm Insurance Company, a bad faith claim arose after the insurer reversed its decision to provide the insured with payment for…

PA - Punitive Damages

FEBRUARY 2009 BAD FAITH CASES
INSURED’S MOTION TO REMAND DENIED WHERE THERE WAS A VALID CLAIM FOR PUNITIVE DAMAGES (Middle District)

Posted on February 10, 2009October 20, 2018 by PA Bad Faith Blog

In Webb v. Discover Property & Casualty Insurance Company, the insured instituted suit against the insurer contesting, among other things, the validity of the forms…

PA - Removal & Remand

FEBRUARY 2009 BAD FAITH CASES
INSUREDS’ MOTION TO REMAND TO STATE COURT GRANTED DUE TO LACK OF JURISDICTION (Western District)

Posted on February 3, 2009October 30, 2018 by PA Bad Faith Blog

In Sadler v. State Farm Fire and Casualty Co., a bad faith claim arose out of the insureds’ claims to cover damages to their homes…

February 2009
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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
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  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
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  • NJ – Federal Pleading Adequate (12)
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  • 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)
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  • PA – Agents and Administrators (48)
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  • PA – Delay (Insured) (41)
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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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