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Month: June 2010

PA - Federal Pleading Adequate

JUNE 2010 BAD FAITH CASES
BAD FAITH CLAIM SURVIVES MOTION TO DISMISS WHEN COMPLAINT SUFFICIENTLY ALLEGES THE EXISTENCE AND BREACH OF AN INSURANCE CONTRACT (Middle District)

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

In L.R. Costanzo Company, Inc. v. Ohio Casualty Insurance Company, the insured was a construction company that served as the general contractor for a building…

PA - Delay (Investigation/Claims handling)

JUNE 2010 BAD FAITH CASES
BAD FAITH SUCESSULLY PLED WHEN INSURER WAITS 32 MONTHS TO PAY INSURANCE BENEFITS UNDER A POLICY (Middle District)

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

In Nazario v. Nationwide Mutual Insurance Company, one insured was killed in an automobile accident in which he was not at fault and the driver…

PA - Reverse Bad Faith

JUNE 2010 BAD FAITH CASES
MAGISTRATE RECOMMENDS SUMMARY JUDGMENT FOR INSURER BASED ON BAD FAITH AND FALSEHOODS OF INSURED IN OBTAINING THE POLICY (Western District)

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

In Baer v. Union Security Life Insurance Company, the insured applied for credit life insurance in conjunction with a loan.  When applying for insurance, he…

PA - Discovery and Evidence

JUNE 2010 BAD FAITH CASES
REINSURER’S BAD FAITH CLAIM REQUIRES DIRECT EVIDENCE THAT INSURER MOTIVATED PRIMARILY BY REINSURANCE CONSIDERATIONS (Third Circuit)

Posted on June 15, 2010November 11, 2018 by PA Bad Faith Blog

In Travelers Casualty and Surety Company v. Insurance Company of North America, Travelers Casualty and Surety Co. (“Travelers”) had settled a coverage dispute with Acme…

PA - Federal Pleading Inadequate

JUNE 2010 BAD FAITH CASES
INSUREDS REQUIRED TO AMEND COMPLAINT WHEN INITIAL COMPLAINT DOES NOT SUFFICIENTLY PLEAD BAD FAITH (Philadelphia Federal)

Posted on June 14, 2010November 11, 2018 by PA Bad Faith Blog

In DeLalla v. Hanover Insurance, the insureds were allegedly Defendants in another litigation which was settled.  They filed a complaint that the insurer and the…

PA - Claims Handling (reasonable)

JUNE 2010 BAD FAITH CASES
NO BAD FAITH WHEN INSURER FOLLOWS A VALID INSURANCE DEPARTMENT REGULATION WHEN MAKING ITS DECSIONS (Pennsylvania Superior Court)

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

In Jones v. Nationwide Property and Casualty Insurance Company, the insured was involved in an automobile accident.  She held collision insurance with the insurer with…

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

JUNE 2010 BAD FAITH CASES
NO INDEPENDENT CAUSE OF ACTION FOR BAD FAITH UNDER PENNSYLVANIA’S UNFAIR INSURANCE PRACTICES ACT OR AT COMMON LAW (Philadelphia Federal)

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

In James F. Campenella Construction Company, Inc. v. Great American Insurance Company of New York, the insureds consisted of a corporation that contracted with a…

PA - Claims Handling (general)

JUNE 2010 BAD FAITH CASES
BAD FAITH ALLEGATION SURVIVES MOTION TO DISMISS WHEN INSUREDS ALLEGE DAMAGES FROM INSURER’S FAILURE TO PERFORM ITS DUTY UNDER A POLICY (Western District)

Posted on June 7, 2010November 11, 2018 by PA Bad Faith Blog

In Fitzpatrick v. State Farm Insurance Companies, one of the insureds was in two automobile accidents in which he was seriously injured.  The insureds maintained…

PA - Who is an Insurer?

JUNE 2010 BAD FAITH CASES
BAD FAITH IS IMPOSSIBLE WHEN A PARTY HAS NO CONTRACTUAL RELATIONSHIP WITH THE INSURED OR IS NOT AN INSURER IN THE FIRST PLACE (Western District)

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

In Allegrino v. Conway E & S, Inc., the Western District ruled on motions from a case previously discussed on the blog.  This ruling concerned…

PA - Rescission

JUNE 2010 BAD FAITH CASES
BAD FAITH IS A NECESSARY CONDITION FOR FRAUD ON THE PART OF THE INSURED IN PENNSYLVANIA (Western District)

Posted on June 3, 2010April 23, 2022 by PA Bad Faith Blog

In Clark v. Allstate Insurance Company, the plaintiff was the holder of a homeowner’s insurance policy on a home in Beaver County, Pennsylvania.  Plaintiff’s grandfather…

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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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