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Month: August 2009

PA - Claims Handling (general)

AUGUST 2009 BAD FAITH CASES
DENIAL LETTER SENT MORE THAN 2 YEARS BEFORE BAD FAITH CLAIM FILED AND SO CLAIM WAS TIME BARRED (Western District)

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

In Sikora v. State Farm Insurance Company, a person injured in a motor vehicle accident sought coverage for an underinsured motorist claim.  A denial letter…

PA - Attorney's Fees

AUGUST 2009 BAD FAITH CASES
NO AWARD OF ATTORNEYS’ FEES FOR POST-TRIAL AND APPELLATE WORK BASED ON PROCEDURAL RULES; NO REDUCTION OF FEES BASED ON REDUCED PUNITIVES (Philadelphia Federal)

Posted on August 18, 2009November 11, 2018 by PA Bad Faith Blog

In Jurinko v. Medical Protective Company, the U. S. District Court for the Eastern District of Pennsylvania was faced with yet another issue in this…

PA - Claims Handling (unreasonable)

AUGUST 2009 BAD FAITH CASES
CASE PROCEEDS WHERE INVESTIGATOR MAY NOT HAVE FULLY INTERVIEWED INSUREDS, OVER-RELIANCE ON EXPERT AND MISSED POLICY LANGUAGE IN DENIAL LETTER (Middle District)

Posted on August 17, 2009November 13, 2018 by PA Bad Faith Blog

In Young Sook Pak v. Alea London Ltd., the case involved commercial property insurance and a wall collapse on the insured’s grocery store.  There were actually…

PA - ERISA Preemption

AUGUST 2009 BAD FAITH CASES
ERISA PREEMPTS BAD FAITH CLAIM (Philadelphia Federal)

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

In, Spillane v. AXA Financial, Inc., the court found that the insured’s disability claims, including his bad faith claims, which had been removed from state…

PA - Cooperation with insurer

AUGUST 2009 BAD FAITH CASES
INSURER DID NOT ACT IN BAD FAITH WHEN INSURED DELAYED IN PRODUCING REQUESTED DOCUMENTS (Philadelphia Federal)

Posted on August 10, 2009November 13, 2018 by PA Bad Faith Blog

The parties disputed insurance coverage from a rainstorm that caused severe water damage to the insured’s warehouse and inventory.  The insured alleged that the insurer…

PA - Attorney Client Privilege

AUGUST 2009 BAD FAITH CASES
DOCUMENTS PREPARED BY INSURER’S ACTUARY ON INTERPRETING “ACTUAL DAMAGES” EFFECT ON PAYMENTS ARE DISCOVERABLE IN CONNECTION WITH BAD FAITH CLAIM(Western District)

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

In Smith v. Life Investors Insurance Company of America, the insurer inadvertently produced documents to Plaintiff that included calculations prepared by its actuary.  Those documents…

PA - Claims Handling (general)

AUGUST 2009 BAD FAITH CASES
FILING DECLARATORY JUDGMENT ACTION BEFORE A CLAIM BECOMES RIPE DOES NOT CONSTITUTE BAD FAITH, NO BENEFITS DENIED (Philadelphia Federal)

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

In Principal Life Insurance Company v. Minder, Plaintiff sued Defendant seeking to have a life insurance policy on the life of Defendant’s father, who is…

August 2009
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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)
  • 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 – 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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