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Month: April 2009

PA - ERISA Preemption

APRIL 2009 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE POLICY IS COVERED UNDER ERISA (Philadelphia Federal)

Posted on April 15, 2009November 11, 2018 by PA Bad Faith Blog

In Martellacci v. The Guardian Life Insurance Company, in relevant part, the court granted dismissal of the bad faith claim because: 1) it relates to…

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

APRIL 2009 BAD FAITH CASES
STATUTE OF LIMITATIONS BARS CLAIM; DISCOVERY RULE, PRIOR COMPLAINT AND NEW ACTS OF BAD FAITH ARGUMENTS FAIL TO PRESERVE CLAIM (Philadelphia Federal)

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

In CRS Auto Parts, Incorporated v. National Grange Mutual Insurance Company, the court granted the insurer partial summary judgment, in relevant part, on the bad…

PA - Estimates, Valuation or Appraisal

APRIL 2009 BAD FAITH CASES
BAD FAITH EVIDENCE DOES NOT MEET CLEAR AND CONVINCING STANDARD SO SUMMARY JUDGMENT IS GRANTED TO INSURER (Philadelphia Federal)

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

In Bottke v. State Farm Fire and Casualty Company, the court granted partial summary judgment to the insurer because the insured’s bad faith claim was…

PA - Procedural Issues

APRIL 2009 BAD FAITH CASES
BAD FAITH NOT PERMITTED IN INTERPLEADER ACTION WHERE BAD FAITH BASED ON INSURER’S FAILURE TO PAY PARTY MAKING CLAIM INSTEAD OF INTERPLEADING FUNDS (Third Circuit)

Posted on April 6, 2009November 11, 2018 by PA Bad Faith Blog

In The Prudential Insurance Company of American v. Hovis, an insurance company interpleaded a $100,000 policy sum into court, where multiple claimants were disputing who…

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

APRIL 2009 BAD FAITH CASES
STATUTE OF LIMITATIONS DID NOT ACCRUE WHERE CARRIER RESCINDED ORIGINAL DENIAL OF COVERAGE (Philadelphia Federal)

Posted on April 5, 2009April 23, 2022 by PA Bad Faith Blog

In Butler v. Scottsdale Insurance Company, the carrier asserted that the insured did not bring its claim until two years and seven months after the…

PA - Claims Handling (reasonable)

APRIL 2009 BAD FAITH CASES
NO BAD FAITH WHERE INSURER RELIED ON ENGINEERING REPORTS AS TO CAUSE OF COLLAPSE AND POLICY LANGUAGE (Philadelphia Federal)

Posted on April 3, 2009November 11, 2018 by PA Bad Faith Blog

In Teti v. Phoenix Insurance Company, there was a wall collapse at the insured’s home.  The carrier hired an engineer who identified the collapse as…

PA - Claims Handling (general)

APRIL 2009 BAD FAITH CASES
BAD FAITH ACTION POSSIBLE IN FIRST PARTY CLAIM, THOUGH CONTRACTUALLY BASED BREACH OF FIDUCIARY DUTY CLAIM IS NOT (Western District)

Posted on April 3, 2009November 11, 2018 by PA Bad Faith Blog

In Millwood v. State Farm Mutual Automobile Insurance Company, a first party claim was at issue (involving a vandalized car).  On the issue of common…

PA - Sureties

APRIL 2009 BAD FAITH CASES
NO TORT CAUSE OF ACTIONS AGAINST SURETY AKIN TO STATUTORY BAD FAITH CLAIM AGAINST INSURERS (Middle District)

Posted on April 2, 2009November 11, 2018 by PA Bad Faith Blog

In Western Surety Company v. WGG, Inc., the court observed that while bad faith claims can be brought against an insurer in the nature of…

PA - Procedural Issues

APRIL 2009 BAD FAITH CASES
COURT ORDERS MUDDLED CLAIM TO BE SPECIFICALLY PLEADED (Middle District)

Posted on April 2, 2009November 11, 2018 by PA Bad Faith Blog

In Dileo v. State Auto Property & Casualty Insurance Company, the plaintiff insured alleged a statutory bad faith claim, and included in his pleaded allegations…

PA - ERISA Preemption

APRIL 2009 BAD FAITH CASES
BAD FAITH CLAIM PREEMPTED BY ERISA (Philadelphia Federal)

Posted on April 2, 2009November 11, 2018 by PA Bad Faith Blog

In Stout v. American Federation of State, County & Municipal Employees, the court found that the statutory bad faith claim was preempted by ERISA. Date of…

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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)
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  • 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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