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Month: January 2010

PA - Red flags during investigation

JANUARY 2010 BAD FAITH CASES
POLICY HELD TO BE VOID AB INITIO DUE TO APPLICANT’S MISREPRESENTATIONS (Middle District)

Posted on January 26, 2010November 11, 2018 by PA Bad Faith Blog

In Bonsu v. Jackson National Life Insurance Company, the district court held that the plaintiff’s claims for bad faith and breach of contract failed because…

PA - No coverage duty, no bad faith

JANUARY 2010 BAD FAITH CASES
COURT SUSTAINS INSURER’S MOTION TO DISMISS INSURED’S BAD FAITH CLAIM FOR OBVIOUS POLICY EXCLUSION (C.C.P. Somerset County)

Posted on January 21, 2010November 5, 2018 by PA Bad Faith Blog

In Kister v. W.N. Tuscano Agency, Inc., the insured, a business that provides home heating fuel to residential customers, purchased an insurance policy from the…

PA - Experts

JANUARY 2010 BAD FAITH CASES
TESTIMONY OF INSURED’S PUBLIC INSURANCE ADJUSTER EXCLUDED ON BAD FAITH CLAIM BUT ALLOWED ON INSURER’S ALLEGED VIOLATION OF THE UIPA (Middle District)

Posted on January 20, 2010November 11, 2018 by PA Bad Faith Blog

In Hered, LLC v. Seneca Insurance Company, the insurer denied the insured’s claim for a fire loss and damage to its business premises on the…

PA - Claims Handling (reasonable)

JANUARY 2010 BAD FAITH CASES
NO BAD FAITH WHERE INSURER ACTED PROMPTLY AND PROFESSIONALLY AND ARBITRATION AWARD WAS 50% MORE THAN INSURER’S OFFER (Pennsylvania Superior Court)

Posted on January 20, 2010November 6, 2018 by PA Bad Faith Blog

In Johnson v. Progressive Insurance Company, the insured’s car was rear-ended by another vehicle, resulting in a knee injury. The insured’s automobile insurance included $100,000 in…

PA - Removal & Remand

JANUARY 2010 BAD FAITH CASES
AFTER REMOVAL TO FEDERAL COURT, INSURED HAS TOUGH BURDEN FOR REMAND BASED ON AMOUNT IN CONTROVERSY REQUIREMENT (Middle District)

Posted on January 19, 2010November 11, 2018 by PA Bad Faith Blog

In Rice v. Allstate Assurance Company, the insured filed a complaint against the insurer for breach of contract and bad faith pursuant to 42 Pa. C.S.A.…

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

JANUARY 2010 BAD FAITH CASES
PLAINTIFF ADEQUATELY PLEADED IT WAS AN INSURED UNDER THE POLICY (Philadelphia Federal)

Posted on January 8, 2010November 11, 2018 by PA Bad Faith Blog

In Excelsior Insurance Company v. Incredibly Edible Delites, Edible Delites (“IED”) and Incredible Franchise Corp.’s (“IFC”), the entity that issued franchises on behalf of IED,…

PA - Discovery and Evidence

JANUARY 2010 BAD FAITH CASES
INSURER’S MOTION DISMISSED IN ORDER TO PROVIDE INSURED WITH MORE TIME FOR DISCOVERY (Philadelphia Federal)

Posted on January 6, 2010November 11, 2018 by PA Bad Faith Blog

In Collins v. Allstate Insurance Company, after the case was referred to arbitration, the insurer timely moved for partial summary judgment as to the insured’s…

PA - Agents and Administrators

JANUARY 2010 BAD FAITH CASES
COURT GRANTS INSURANCE BROKER’S MOTION FOR RECONSIDERATION AND DISMISSES COUNT FOR CONTRIBUTION (Middle District)

Posted on January 6, 2010November 11, 2018 by PA Bad Faith Blog

In Pine Grove Manufactured Homes v. Indiana Lumbermens Mutual Insurance Company, the insured sued Indiana Lumbermens Mutual (“ILM”) for bad faith and breach of contract after…

PA - Reverse Bad Faith

JANUARY 2010 BAD FAITH CASES
COURT DISMISSES BAD FAITH CLAIM FINDING MATERIAL FALSE REPRESENTATIONS IN LIFE INSURANCE APPLICATION (Middle District)

Posted on January 5, 2010November 11, 2018 by PA Bad Faith Blog

In Neiman v. American International Group, Inc., the insurer refused to pay the proceeds of a term life insurance policy stating that the “facts pertaining to…

PA - Attorney Client Privilege

JANUARY 2010 BAD FAITH CASES
NO BAD FAITH EXCEPTION FOR PRIVILEGED DOCUMENTS INADVERTENTLY DISCLOSED (Middle District)

Posted on January 4, 2010November 11, 2018 by PA Bad Faith Blog

In R&N Automobile, Inc. v. Travelers Casualty Insurance Company of America, the court determined that documents inadvertently produced by the insurer were protected by the…

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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)
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  • PA – Agents and Administrators (48)
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  • PA – Choice/Conflict of Law (24)
  • PA – Claims Handling (general) (167)
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  • 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)
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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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