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Month: June 2009

PA - Attorney Client Privilege

JUNE 2009 BAD FAITH CASES
SUPERIOR COURT AFFIRMS DECISION TO DENY BOTH SEVERANCE OF BAD FAITH CLAIM FROM UIM CLAIM AND STAY OF BAD FAITH DISCOVERY (Superior Court)

Posted on June 25, 2009November 11, 2018 by PA Bad Faith Blog

In Gunn v. Automobile Insurance Company, the insured brought a UIM based claim for breach of contract and bad faith.  The carrier sought to sever…

PA - MVFRL

JUNE 2009 BAD FAITH CASE
MVFRL PREEMPTS BAD FAITH STATUTE ON FIRST PARTY MEDICAL BENEFITS CLAIM (Middle District)

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

In Wright v. Ohio Casualty Group Insurance Company, the court agreed “that § 1797 does not provide the exclusive source of remedy where a plaintiff’s…

PA - MVFRL

JUNE 2009 BAD FAITH CASES
MVFRL DOES NOT PREEMPT BAD FAITH STATUTE WHERE ISSUE CONCERNING FIRST PARTY MEDICAL BENEFITS ALSO GOES TO BAD FAITH ON UIM CLAIM (Middle District)

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

In Bukofski v. USAA Casualty Insurance Company, the insured made the following allegations of bad faith concerning a UIM claim.  Failing to pay the first…

PA - Delay (Investigation/Claims handling)

JUNE 2009 BAD FAITH CASES
REMOVING ARBITRATION CLAUSE FROM INSURANCE AGREEMENT ON RESOLVING UIM CLAIM COULD BE BAD FAITH (Middle District)

Posted on June 22, 2009November 11, 2018 by PA Bad Faith Blog

In Bukofski v. USAA Casualty Insurance Company, the insured made allegations of bad faith concerning a UIM claim.  After repeatedly requesting a copy of the…

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

JUNE 2009 BAD FAITH CASES
NO SEPARATE CAUSES OF ACTION FOR BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING OR FIDUCIARY DUTY (Middle District)

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

In Bukofski v. USAA Casualty Insurance Company, the court held that under Pennsylvania law, the claim of violation of the duty of good faith and…

PA - Discovery and Evidence

JUNE 2009 BAD FAITH CASES
NO BAD FAITH WHERE A REASONABLE BASIS TO DENY COVERAGE EXISTS, AS DISTINCT FROM REASONABLE CONDUCT INQUIRY (Philadelphia Federal)

Posted on June 20, 2009November 6, 2018 by PA Bad Faith Blog

In Post v. St. Paul Travelers Insurance Company, the court granted summary judgment to the insured on its breach of contract and declaratory judgment claims,…

PA - No coverage duty, no bad faith

JUNE 2009 BAD FAITH CASES
WHERE THERE IS NO “OCCURRENCE” AND NO COVERAGE, THERE CAN BE NO BAD FAITH (Philadelphia Federal)

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

In Specialty Surfaces International, Inc. v. Continental Casualty Company, the court found that the underlying claims were in the nature of a breach of contract,…

PA - Delay (Payment)

JUNE 2009 BAD FAITH CASES
INSURER DENIED SUMMARY JUDGMENT BECAUSE REASONABLE JURY COULD FIND BAD FAITH DELAYS IN SETTLING, ESPECIALLY ABSENT “RED FLAGS” & NO EXPLANATION (Philadelphia Federal)

Posted on June 16, 2009November 11, 2018 by PA Bad Faith Blog

In Cher-D, Incorporated, t/a Pine Knob Inn v. Great American Alliance Insurance Company, the court denied summary judgment to the insurer on the statutory bad…

PA - ERISA Preemption

JUNE 2009 BAD FAITH CASES
INSURED’S CLAIM SUBJECT TO ERISA AS BENEFITS ADMINSTRATION AT ISSUE (Philadelphia Federal)

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

In Trabucco v. UNUM Life Insurance Company, the insurer removed the case to federal court from the Court of Common Pleas of Philadelphia.  The insured…

PA - Claims Handling (reasonable)

JUNE 2009 BAD FAITH CASES
JUDGMENT GRANTED WHEN INSURED PROVIDES NO EVIDENCE OF DELIBERATE DELAY & A PROPERLY EXECUTED IME IS RELIED UPON TO DENY BENEFITS (Philadelphia Federal)

Posted on June 10, 2009November 11, 2018 by PA Bad Faith Blog

In Spinelli v. State Farm Mutual Automobile Insurance Company, the court granted summary judgment to the insurer on a statutory bad faith claim because there…

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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 (47)
  • 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 (104)
  • PA – Insurer wrong, but reasonable (29)
  • PA – Late notice (6)
  • PA – Law unsettled (28)
  • PA – Limitations Period (79)
  • PA – Litigation Conduct Claims (40)
  • PA – Manuals (28)
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  • PA – MVFRL (48)
  • 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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