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Month: July 2010

PA - Delay (Insured)

JULY 2010 BAD FAITH CASES
NO BAD FAITH WHEN INSURED REPAIRS DAMAGED PROPERTY BEFORE GIVING INSURER AN OPPORUNITY TO INSPECT PROPERTY AND PROPERLY EVALUATE DAMAGES (Philadelphia Federal)

Posted on July 27, 2010November 11, 2018 by PA Bad Faith Blog

In Berko Investments, LLC v. State National Insurance Company, the insured owned a building that contained apartments and a bar/restaurant, and he had purchased commercial…

PA - Claims Handling (reasonable)

JULY 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER DID NOT LACK REASONABLE BASIS FOR DENYING CLAIM, EVEN IF COURT EVENTUALLY DETERMINES THAT THE BASIS IS INCORRECT (Philadelphia Federal)

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

In Spector v. Fireman’s Fund Insurance Company, the insureds noticed that the paint on many of the windows in their house was peeling.  They hired…

PA - No coverage duty, no bad faith

JULY 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER CORRECTLY INTERPRETS A BUSINESS AUTO POLICY TO EXCLUDE AN EMPLOYEE FROM COVERAGE (Philadelphia Federal)

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

In Kelly v. National Liability & Fire Insurance Company, an employee of the insured company and another person were involved in an auto accident.  The…

PA - No coverage duty, no bad faith

JULY 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER PROPERLY INTERPRETS EXCESS LIABILITY POLICY IN DENYING COVERAGE IN EXCESS OF APPLICABLE LIMITS (Philadelphia Federal)

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

In Yellowbird Bus Company, Inc. v. Lexington Insurance Company, the insured bus company was issued an excess automobile liability insurance policy by the insurer.  While…

PA - No coverage duty, no bad faith

JULY 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER MEETS ITS OBLIGATIONS TO REASONABLY INVESTIGATE THE CLAIMS OF THE INSURED (Middle District)

Posted on July 13, 2010November 11, 2018 by PA Bad Faith Blog

In Ski Shawnee, Inc., v. Commonwealth Insurance Company, a bridge collapsed on a road leading to the insured’s ski resort, and the road was closed…

PA - Claims Handling (reasonable)

JULY 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER MEETS ITS OBLIGATIONS TO REASONABLY INVESTIGATE THE CLAIMS OF THE INSURED (Middle District)

Posted on July 12, 2010November 11, 2018 by PA Bad Faith Blog

In Luse v. Liberty Mutual Fire Insurance Company, a fire occurred in the insureds’ home.  They had insurance under a condominium policy that had been…

PA - Claims Handling (unreasonable)

JULY 2010 BAD FAITH CASES
BAD FAITH ALLEGATION SURVIVES MOTION TO DISMISS WHEN INSURED SUFFICIENTLY ALLEGES AN ABUSE OF PEER REVIEW PROCESS (Middle District)

Posted on July 7, 2010October 31, 2018 by PA Bad Faith Blog

In Hickey v. Allstate Property and Casualty Insurance Company, the insured was involved in a motor vehicle accident in which he suffered injuries to his…

PA - Claims Handling (reasonable)

JUNE 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER USED LEGITIMATE SUPPORTING EVIDENCE TO DENY COVERAGE AND PRIOR PA CASE LAW AGREES WITH THE INSURER’S DECISION (Philadelphia Federal)

Posted on July 2, 2010November 11, 2018 by PA Bad Faith Blog

In Collins v. Allstate Insurance Co., the insured suffered multiple direct physical losses to his property as a result of wind and rain from a…

PA - Claims Handling (general)

JUNE 2010 BAD FAITH CASES
NO BAD FAITH AS A MATTER OF LAW WHEN THERE ARE GENUINE ISSUES OF MATERIAL FACT (Philadelphia Federal)

Posted on July 1, 2010November 11, 2018 by PA Bad Faith Blog

In Nurpo Industries Corp. v. Lexington Insurance Company, the dispute centered around insurance payments for demolished buildings belonging to the insured.  The insured alleged that…

July 2010
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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)
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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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