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Month: May 2009

PA - Limitations Period

MAY 2009 BAD FAITH CASES
COURT DISMISSES CONTRACT ON BASIS OF CONTRACTUAL LIMITATIONS; BAD FAITH NOT SUFFICIENTLY PLED (Philadelphia)

Posted on May 29, 2009November 11, 2018 by PA Bad Faith Blog

In Dolley v. Allstate Insurance Company, the Court of Common Pleas of Philadelphia dismissed the insured’s breach of contract claim on the basis that the…

PA - Claims Handling (reasonable)

MAY 2009 BAD FAITH CASES
INSURER CANNOT ACT IN BAD FAITH WHEN RELYING ON INSURANCE DEPARTMENT REGULATION (Philadelphia Federal)

Posted on May 29, 2009November 11, 2018 by PA Bad Faith Blog

In Harnick v. State Farm Mutual Automobile Insurance Company, the insured argued that the insurer’s proration of deductibles recovered by insurers through subrogation was improper…

PA - Discovery and Evidence

MAY 2009 BAD FAITH CASES
DOCUMENTS SUBPOENA UPHELD ON ABUSE OF PEER REVIEW ORGANIZATION PROCESS IN BAD FAITH CLAIM; HOWEVER, INSURED TO BEAR PART OF COST OF PRODUCTION (Western District)

Posted on May 27, 2009November 11, 2018 by PA Bad Faith Blog

In Miller v. Allstate Fire & Casualty Insurance Company, the court enforced the subpoena for records related to a bad faith claim, but ordered costs…

PA - MVFRL

MAY 2009 BAD FAITH CASES
WHEN BASED ON ABUSE OF THE PRO PROCESS, PAIN & SUFFERING CLAIMS SURVIVE A MOTION TO STRIKE & BAD FAITH STATUTE IS NOT PRE-EMPTED BY THE MVFRL (Western District)

Posted on May 26, 2009November 11, 2018 by PA Bad Faith Blog

In Miller v. Allstate Fire & Casualty Insurance Company, the court denied the insurer’s motions to strike and to dismiss, primarily because the claims related…

PA - Experts

MAY 2009 BAD FAITH CASES
BAD FAITH PROCEDURES AT TRIAL LEVEL OBSERVED BY APPELLATE COURT, INCLUDING BARRING EXPERT TESTIMONY ON BAD FAITH & ORDER OF JURY & BENCH TRIALS (Superior Court)

Posted on May 21, 2009November 6, 2018 by PA Bad Faith Blog

In Prime Medica Associates v. Valley Forge Insurance Company, the Superior Court did not address any bad faith issues on appeal, but did observe bad…

PA - Choice/Conflict of Law

MAY 2009 BAD FAITH CASES
FEDERAL COURT APPLIES PENNSYLVANIA BAD FAITH LAW, RATHER THAN DELAWARE COMMON LAW BAD FAITH, IN CHOICE OF LAW ANALYSIS (Philadelphia Federal)

Posted on May 21, 2009November 11, 2018 by PA Bad Faith Blog

In Godfry v. State Farm Mutual Insurance Company, a case involving an automobile insurance policy, the court was faced with the issue of whether to…

PA - Claims Handling (general)

MAY 2009 BAD FAITH CASES
BAD FAITH CLAIM MAY PROCEED WHERE ALLEGED MISHANDLING OCCURRED AFTER POLICY ISSUED (Western District)

Posted on May 19, 2009November 11, 2018 by PA Bad Faith Blog

In Williams v. Allstate Insurance Company, the insured refinancing their mortgage.  They allege that they called Allstate and entered an binding oral agreement to increase…

PA - No coverage duty, no bad faith

MAY 2009 BAD FAITH CASES
NO BAD FAITH WHEN NO DUTY TO DEFEND; CLAIMS UNDER ASSAULT & BATTERY EXCLUSIONS DO NOT DISTINGUISH BETWEEN DIRECT AND INDIRECT RESPONSIBILITY (Philadelphia Federal)

Posted on May 19, 2009November 6, 2018 by PA Bad Faith Blog

In Anglo American Investments, LLC d/b/a Pizza Peddler v. Utica First Insurance Company, the court granted the insurer’s motion to dismiss because it found that…

PA - Reverse Bad Faith

MAY 2009 BAD FAITH CASES
INSURER OBTAINS JUDGMENT AGAINST INSURED FOR STATUTORY FRAUD BASED ON FRAUDULENT APPLICATION (Philadelphia Federal)

Posted on May 19, 2009November 11, 2018 by PA Bad Faith Blog

In State Auto Property & Casualty Insurance Company v. Feger, the Court had previously granted judgment in the carrier’s favor on coverage and rejected the…

PA - Procedural Issues

MAY 2009 BAD FAITH CASES
COURT SUA SPONTE FINDS THAT BAD FAITH CLAIM POTENTIAL INTEREST, COSTS AND PUNITIVE MEET $75,000 MINIMUM (Western District)

Posted on May 19, 2009November 11, 2018 by PA Bad Faith Blog

In Fleeger v. State Farm Mutual Automobile Insurance Company, a UIM case, the court sua sponte addressed the issue of whether $75,000 was at issue…

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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 – 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)
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  • 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)
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  • PA – Agents and Administrators (48)
  • PA – Attorney Client Privilege (51)
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  • PA – Claims Handling (general) (167)
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  • 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)
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  • PA – UIM/UM Cases (390)
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  • PA – Who is an Insurer? (32)
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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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