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Month: March 2009

PA - Sureties

MARCH 2009 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE A SURETY BOND IS NOT AN INSURANCE POLICY UNDER THE STATUTE (Middle District)

Posted on March 31, 2009November 11, 2018 by PA Bad Faith Blog

In United States ex rel. SimplexGrinnell, LP v. Aegis Insurance Company, the court dismissed a bad faith claim regarding failure to pay a surety bond…

PA - Claims Handling (reasonable)

MARCH 2009 BAD FAITH CASES
SUMMARY JUDGMENT ON BAD FAITH DENIED WITHOUT PREJUDICE AFTER COURT FINDS DUTY TO DEFEND ON SANCTIONS CASE DESPITE POLICY EXCLUSION OF SANCTIONS (Philadelphia Federal)

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

In Post v. St. Paul Travelers Insurance Company, the court denied the insurer’s motion for summary judgment on all counts, including the bad faith count,…

PA - Experts

MARCH 2009 BAD FAITH CASES
EXPERT WITNESS TESTIMONY BARRED BECAUSE NOT RELEVANT TO REMAINING CLAIM FOR BAD FAITH (Philadelphia Federal)

Posted on March 24, 2009November 6, 2018 by PA Bad Faith Blog

In Aquila v. Nationwide Mutual Insurance Company, the court granted the insurer’s motions to preclude testimony at trial by two of the insured’s expert witnesses…

PA - No coverage duty, no bad faith

MARCH 2009 BAD FAITH CASES
NO BAD FAITH WHERE NO DUTY TO DEFEND FOR BREACH OF IMPLIED WARRANTY OF HABITABILITY; SUCH BREACH IS NOT PROPERTY DAMAGE UNDER HOMEOWNER’S POLICY (Third Circuit)

Posted on March 24, 2009November 11, 2018 by PA Bad Faith Blog

In Prudential Property and Casualty Insurance Company v. Boyle, the court affirmed the lower court’s summary judgment for the insurer, concurring that there was no…

PA - Procedural Issues

MARCH 2009 BAD FAITH CASES
MOTION TO AMEND DENIED ON PRIOR DISMISSED BAD FAITH CLAIM INADVERTANTLY LEFT IN PROPOSED AMENDED COMPLAINT, BUT OTHER COUNTS TO CONTINUE (Middle District)

Posted on March 24, 2009November 11, 2018 by PA Bad Faith Blog

In Indianapolis Life Insurance Company v. Hentz, the court, in relevant part, agreed that the insured’s proposed amended complaint, as written, would resurrect previously dismissed…

PA - No coverage duty, no bad faith

MARCH 2009 BAD FAITH CASES
COURT APPLIES REQUIRED OBJECTIVE TEST: NO BAD FAITH IF REASONABLE BASIS EXISTS, EVEN IF NOT BASIS RELIED UPON BY INSURER IN DENYING CLAIM (Philadelphia Federal)

Posted on March 19, 2009October 26, 2018 by PA Bad Faith Blog

In Robbins v. Metropolitan Life Insurance Company of Connecticut, the court granted the insurer’s motion for judgment on the pleadings on all three counts of…

PA - Bifurcate/Sever & Stays

MARCH 2009 BAD FAITH CASES
MOTION TO STAY DISCOVERY, PENDING RESOLUTION OF MOTION TO DISMISS BAD FAITH COMPLAINT, IS GRANTED BASED ON BALANCING TEST RESULTS (Middle District)

Posted on March 18, 2009October 26, 2018 by PA Bad Faith Blog

In Babalola v. Donegal Mutual Insurance Company, the court granted the insurer’s motion to stay discovery, pending resolution of its motion to dismiss the bad…

PA - Attorney's Fees

MARCH 2009 BAD FAITH CASE
THIRD CIRCUIT APPLIES LODESTAR METHOD TO CALCULATING STATUORY ATTORNEYS FEES; UPHOLDS INTEREST FINDING(Third Circuit)

Posted on March 17, 2009November 6, 2018 by PA Bad Faith Blog

In a non-precedential Third Circuit Opinion, Jurinko v. The Medical Protective Company, the case involved the assignment of a bad faith claims to the patients…

PA - Punitive Damages

MARCH 2009 BAD FAITH CASE
THIRD CIRCUIT REDUCES PUNITIVE DAMAGES AWARD TO 1:1 RATIO(Third Circuit)

Posted on March 17, 2009November 6, 2018 by PA Bad Faith Blog

In a non-precedential Third Circuit Opinion, Jurinko v. The Medical Protective Company, the case involved the assignment of a bad faith claims to the patients…

PA - Removal & Remand

MARCH 2009 BAD FAITH CASES
BAD FAITH CASE REMANDED TO COUNTY COURT: AMOUNT SPECIFIED IN COMPLAINT DID NOT MEET AMOUNT IN CONTROVERSY REQUIREMENT (Philadelphia Federal)

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

In Bowman v. Liberty Mutual Fire Insurance Company, the court remanded the case to the Philadelphia County Court of Common Pleas because the amount in…

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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)
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  • NJ – ERISA Preemption (7)
  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
  • NJ – Experts (13)
  • 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)
  • NJ – Standing, Assignment or Outside Scope (12)
  • NJ – Sureties (3)
  • NJ – Sworn Statement/EUO (3)
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  • PA – Agents and Administrators (48)
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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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