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Month: July 2009

PA - Removal & Remand

JULY 2009 BAD FAITH CASES
INSURED’S MOTION TO REMAND BAD FAITH CLAIM DENIED – CITIZENSHIP OF FRAUDULENTLY JOINED PARTIES MUST BE DISREGARDED (Middle District)

Posted on July 9, 2009November 11, 2018 by PA Bad Faith Blog

In Becker v. Farmington Casualty Company, Plaintiff filed a declaratory judgment action in state court to determine Defendant insurer’s duty to defend and indemnify, and…

PA - Attorney's Fees

JULY 2009 BAD FAITH CASES
DIVERSITY JURISDICTION – INTEREST, ATTORNEY’S FEES, AND PUNITIVE DAMAGES MAY BE CONSIDERED (Middle District)

Posted on July 8, 2009November 11, 2018 by PA Bad Faith Blog

In Denicola v. Progressive Direct Ins. Co., Plaintiff insured was involved in a motor vehicle accident with an underinsured motorist.  Plaintiff had an automobile insurance…

PA - Claims Handling (unreasonable)

JULY 2009 BAD FAITH CASES
BAD FAITH STATUTE ENCOMPASSES INSURER’S ACTIONS IN PERFORMING CONTRACTUAL OBLIGATIONS OF DEFENSE AND INDEMNIFICATION (Philadelphia Federal)

Posted on July 7, 2009November 11, 2018 by PA Bad Faith Blog

In Haines v. State Auto Property & Casualty Insurance Company, the insured sought coverage from the insurer under a homeowner’s insurance policy arising from a…

PA - General Bad Faith and Litigation Issues

PENNSYLVANIA SENATE BILL 746 PROPOSES STATUTORY CHANGE TO PERMIT JURIES TO HEAR BAD FAITH CASES

Posted on July 6, 2009November 5, 2018 by PA Bad Faith Blog

Under current Pennsylvania Supreme Court interpretation of Pennsylvania’s Bad Faith Statute, 42 Pa.C.S. § 8371, only a judge can hear a statutory bad faith claim. …

NJ - Federal Pleading Adequate

THE NEW LAW OF PLEADING BAD FAITH IN FEDERAL COURT

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

In 2007, the U.S. Supreme Court reinterpreted the standards for pleading under Rule 8(a), making it harder for a plaintiff to survive a Rule 12(b)(6) motion to dismiss for…

PA - Claims Handling (general)

JULY 2009 BAD FAITH CASES
INSURER DENIED SUMMARY JUDGMENT AGAIN ON RECONSIDERATON AS PLAINTIFF HAD PLEADED DENIAL OF BENEFIT ON EARLIER LOSS (Philadelphia Federal)

Posted on July 5, 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 had denied summary judgment to the insurer on the statutory…

PA - Insurer wrong, but reasonable

JULY 2009 BAD FAITH CASES
NO BAD FAITH WHERE A REASONABLE BASIS TO DENY COVERAGE EXISTS EVEN WHERE COURT FOUND DUTY TO EXIST (Philadelphia Federal)

Posted on July 4, 2009November 11, 2018 by PA Bad Faith Blog

In Post v. St. Paul Travelers Insurance Company, the court granted summary judgment to the insurer on a bad faith claim.  This was the second…

PA - No coverage duty, no bad faith

JULY 2009 BAD FAITH CASES
NO BAD FAITH WHERE NO DUTY TO DEFEND OR INDEMNIFY WORKERS’ COMPENSATION CLAIMS (Philadelphia Commerce)

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

In Letwin v. Rain & Hale, LLC, a Philadelphia Commerce Court case, the Court addressed whether a denial to defend and indemnify a workers’ compensation…

NJ - General Bad Faith and Litigation Issues

SEARCHING DECISIONS BY COURT OR JUDGE ON PENNSYLVANIA INSURANCE BAD FAITH CASE BLOG

Posted on July 2, 2009October 29, 2018 by PA Bad Faith Blog

Over the years we have revised this Blog.  Originally, the Pennsylvania Insurance Bad Faith Case Law Blog, it is now the Pennsyvlania and New Jersey…

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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)
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  • NJ – Delay (Insured) (5)
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  • 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)
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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)
  • NJ – UIM/UM Cases (18)
  • NJ – Work Product (5)
  • PA – Agents and Administrators (48)
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  • PA – Bifurcate/Sever & Stays (65)
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  • PA – Conflict of Interest (10)
  • PA – Cooperation with insurer (25)
  • PA – Coverage Issues (223)
  • PA – Damages (17)
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  • PA – Delay (Insured) (41)
  • PA – Delay (Investigation/Claims handling) (136)
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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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