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Month: October 2009

PA - Standing, Assignment or Outside Scope

OCTOBER 2009 BAD FAITH CASES
PARTY DOES NOT STAND IN INSURER’S SHOES TO PROVIDE DEFENSE/INDEMNITY WHERE INSURER WILL NOT DO SO FOR ADDITIONAL INSURED (Philadelphia Federal)

Posted on October 30, 2009November 11, 2018 by PA Bad Faith Blog

In Detwiler v. Valero Marketing and Supply Company, one party was to make the other an additional insured on a policy.  It did so, but…

PA - Federal Pleading Adequate

OCTOBER 2009 BAD FAITH CASES
PRO SE BAD FAITH CLAIM SURVIVES TWOMBLY/IQBAL STANDARD; CLAIMS CAN BE PURSUED TO DISCOVERY (Western District)

Posted on October 23, 2009November 13, 2018 by PA Bad Faith Blog

A pro se plaintiff brought breach of contract and bad faith claims.  The Court applied the new plausibility standards on a federal motion to dismiss, looking…

PA - Coverage Issues

OCTOBER BAD FAITH CASES
INSURER DID NOT ACT IN BAD FAITH BY DENYING INSURED’S CLAIM FOR INJURY, WHICH DID NOT ARISE OUT OF THE USE OF THE VEHICLE (Middle District)

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

In McCleester v. State Farm Mutual Automobile Insurance Company, Plaintiff’s windshield was struck with a rock while he was driving.  The rock broke through the…

PA - ERISA Preemption

OCTOBER 2009 BAD FAITH CASES
BAD FAITH CLAIM PREEMPTED BY ERISA (Middle District)

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

In Hillard v. Prudential Insurance Company of America, after Prudential terminated Plaintiff’s short-term disability benefits, Plaintiff sued Prudential for enforcement of benefits under the Employee…

PA - Standing, Assignment or Outside Scope

OCTOBER BAD FAITH CASES
INSURER’S ASSIGNMENT OF SUBROGATION CLAIM NOT BAD FAITH (Middle District)

Posted on October 12, 2009November 11, 2018 by PA Bad Faith Blog

In Alfano v. State Farm Fire and Casualty Company, the insureds had a homeowner’s insurance policy through State Farm.  After their home was destroyed by…

PA - Claims Handling (unreasonable)

OCTOBER BAD FAITH CASES
INSURER MAY HAVE ACTED IN BAD FAITH WHEN IT FAILED TO ADVISE INSURED THAT CLAIMS WERE COVERED BY UM PROVISIONS OF POLICY (Philadelphia – Commerce)

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

In Harhai v. The Travelers Companies, Inc., Plaintiff sued Defendant claiming breach of contract, breach of fiduciary duty of good faith and fair dealing, and…

PA - MVFRL

OCTOBER BAD FAITH CASES
BAD FAITH CLAIM IS NOT PREEMPTED BY §1797 OF THE MVFRL IF THERE IS A DISPUTE REGARDING THE CAUSATION OF MEDICAL EXPENSES (Middle District)

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

In Martino v. Allstate Indemnity Company, Plaintiff was injured in December of 2003, when her vehicle was struck by a Greyhound bus.  Plaintiff was the…

October 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)
  • PA – Mediation (15)
  • 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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