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Month: May 2010

PA - Standing, Assignment or Outside Scope

May 2010 BAD FAITH CASES
NO POSSIBILITY OF BAD FAITH WITH DECISIONS OCCURRING AFTER AN INSURER’S OBLIGATIONS UNDER A POLICY HAVE ENDED (Middle District)

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

In Morrison v. Wells Fargo Bank, N.A., the plaintiff Morrison shared a first and last name with another resident of the same town, James Eugene…

PA - Coverage Issues

May 2010 BAD FAITH CASES
NO BAD FAITH WHEN INSURERS REASONABLY BELIEVE THEY ARE VALIDLY DENYING A CLAIM BASED ON A POLICY EXCLUSION (Philadelphia Federal)

Posted on May 25, 2010November 11, 2018 by PA Bad Faith Blog

In Kao v. Markel Insurance Company, the insureds owned adjacent multi-unit properties in South Philadelphia.  The properties contained commercial units on the first floor and…

PA - Federal Pleading Adequate

May 2010 BAD FAITH CASES
BAD FAITH CLAIM SURVIVES MOTION TO DISMISS, SETTLEMENT OFFER BY THE INSURER ALLEGED TO BE SIGNIFICANTLY LOWER THAN ACCEPTABLE (Philadelphia Federal)

Posted on May 24, 2010November 11, 2018 by PA Bad Faith Blog

In Taylor v. Government Employees Insurance Company, the insured was driving when a man in another vehicle struck her vehicle, causing her multiple injuries (some…

PA - Who is an Insurer?

May 2010 BAD FAITH CASES
A BAD FAITH CLAIM CAN ONLY BE BROUGHT AGAINST AN INSURER, NOT AN INSURANCE ADJUSTER (Western District)

Posted on May 21, 2010November 11, 2018 by PA Bad Faith Blog

In Allegrino v. Conway E & S, Inc., the insured was the primary stockholder and president of Liberty, a company that owned a rental apartment…

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

May 2010 BAD FAITH CASES
BAD FAITH SUBSUMED BY BREACH OF CONTRACT CLAIM (Philadelphia Federal)

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

In Fingles v. Continental Casualty Company, the insured had signed a long-term care insurance policy with the insurer in 1996.  On September 10, 2003, the…

PA - Claims Handling (reasonable)

May 2010 BAD FAITH CASES
NO BAD FAITH BECAUSE INSURER PROVIDED COVERAGE CONSISTENT WITH THE INSURANCE POLICY (Philadelphia Federal)

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

In Whitmoyer Ford, Inc. vs. Republic Franklin Insurance Company, the court considered summary judgment motions by each party in a dispute concerning the insurer’s fulfillment…

PA - Coverage Issues

May 2010 BAD FAITH CASES
NO BAD FAITH WHEN COVERAGE DENIED EVEN IF THERE WAS AN ALLEGED FAILURE TO SEARCH FOR PRECEDENT ON LEGAL BASIS OF DENIAL (Philadelphia Federal)

Posted on May 18, 2010November 11, 2018 by PA Bad Faith Blog

In Colella v. State Farm Fire & Casualty Company, the insureds sued their insurance company for (1) breach of contract and (2) bad faith.  They…

PA - Bifurcate/Sever & Stays

May 2010 BAD FAITH CASES
A DENIAL OF A MOTION TO SEVER OR STAY IN A BAD FAITH CASE IS NOT IMMEDIATELY APPEALABLE (Allegheny County)

Posted on May 18, 2010November 11, 2018 by PA Bad Faith Blog

In Vernon v. Erie Insurance Exchange, the insureds were injured in an automobile accident on June 23, 2007, when they were passengers in a vehicle…

PA - Coverage Issues

MAY 2010 BAD FAITH CASES
NO BAD FAITH WHERE INSURER DENIED UIM BENEFITS PURSUANT TO A “REGULAR USE” EXCLUSION (Middle District)

Posted on May 17, 2010November 11, 2018 by PA Bad Faith Blog

In Costello v. Government Employees Insurance Company, the court considered the insurer’s motion for judgment on the pleadings with respect to the insured’s underinsured motorist…

PA - No coverage duty, no bad faith

MAY 2010 BAD FAITH CASES
SUMMARY JUDGMENT GRANTED WHERE ACCIDENT IS CLEARLY WITHIN POLICY EXCLUSION AND NO REASONABLE EXPECTATION OF COVERAGE EXISTED (Philadelphia Federal)

Posted on May 3, 2010November 11, 2018 by PA Bad Faith Blog

In Haines v. State Auto Property and Casualty Insurance Company, the insureds were sued for negligence after a friend of the insureds hit and injured…

May 2010
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Categories:

  • Covid-19 (19)
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  • NJ – General Bad Faith and Litigation Issues (48)
  • NJ – Insurance Fair Conduct Act (2)
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  • 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)
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  • NJ – Rescission (12)
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  • NJ – Reverse Bad Faith (39)
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  • PA – Delay (Insured) (41)
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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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