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Month: September 2010

PA - Discovery and Evidence

SEPTEMBER 2010 BAD FAITH CASES
BAD FAITH CLAIM NOT PERMITTED TO BE AMENDED TO A CLASS ACTION SUIT AFTER THE DISCOVERY DEADLINE PASSES (Western District)

Posted on September 30, 2010November 11, 2018 by PA Bad Faith Blog

In Graham v. Progressive Direct Insurance Company, one insured was in an automobile accident with another driver, who had failed to stop at a stop…

NJ - Claims Handling (general)

SEPTEMBER 2010 BAD FAITH CASES
COURT DISMISSES BAD FAITH CLAIM WHERE INSURER MADE THE CORRECT DECISION CONCERNING THE ISSUE THAT GAVE RISE TO THE SUIT (Middle District)

Posted on September 29, 2010November 11, 2018 by PA Bad Faith Blog

In Amica Mutual Insurance Company v. Fogel, the insureds owned an automobile insurance policy with the insurer which included underinsured motorist coverage of $300,000 for…

PA - Cooperation with insurer

SEPTEMBER 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURED FAILS TO COOPERATE; LONG TIME PERIOD BETWEEN DEMAND AND SETTLEMENT NOT NECESSARILY BAD FAITH (Western District)

Posted on September 28, 2010November 11, 2018 by PA Bad Faith Blog

In Tangle v. State Farm Insurance Companies, a fire occurred at the residential property owned by the insured.  The insured had a homeowner’s policy with…

PA - Procedural Issues

SEPTEMBER 2010 BAD FAITH CASES
NO REINSTATEMENT OF BAD FAITH CLAIM IN MOTION FOR RECONSIDERATION WHEN INSUREDS FAIL TO ADDRESS BAD FAITH CLAIMS IN THEIR INITIAL COMPLAINT (Philadelphia Federal)

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

In 3039 B. Street Associates, Inc., v. Lexington Insurance Company, the insureds had a policy with the insurer for a property where it conducted its…

PA - MVFRL

SEPTEMBER 2010 BAD FAITH CASES
BAD FAITH ALLEGATION SURVIVES MOTION TO DISMISS WHEN INSURED ALLEGES A VIOLATION OF THE INDEPENDENT MEDICAL EXAMINATION PROCESS (Middle District)

Posted on September 23, 2010November 11, 2018 by PA Bad Faith Blog

In Hickey v. Allstate Property and Casualty Company, the insured owned an automobile insurance policy with the insurer for $100,000.  He was in a motor…

PA - Attorney's Fees

SEPTEMBER 2010 BAD FAITH CASES
NO REIMBURSEMENT FOR DEFENSE COSTS WHERE INSURER MOTIVATED TO AVOID POTENTIAL BAD FAITH BY DEFENDING UNDERLYING ACTION (Pennsylvania Supreme Court)

Posted on September 17, 2010November 6, 2018 by PA Bad Faith Blog

In this Pennsylvania Supreme Court case, the issue was whether the insurer was entitled to reimbursement of the amounts paid for the defense of its…

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

SEPTEMBER 2010 BAD FAITH CASES
NO STATUTORY BAD FAITH WHEN THE INSURER DOES NOT ACT UNREASONABLY, EVEN IF IT MAY HAVE BEEN INCORRECT IN INTERPRETING AN INSURANCE POLICY (Western District)

Posted on September 16, 2010November 11, 2018 by PA Bad Faith Blog

In Chebatoris v. Monumental Life Insurance Company, the insured was an obese woman with diabetes who owned a group accidental death life insurance policy with…

PA - Claims Handling (general)

SEPTEMBER 2010 BAD FAITH CASE
CONTRACTUAL BAD FAITH CLAIM SURVIVES DISMISSAL WHEN DISPUTE OVER WHETHER THE INSURER TRUTHFULLY PROVIDED INFORMATION TO THE INSURED (Philadelphia Federal)

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

In Wolk v. Westport Insurance Corporation, the insured was an attorney and his law firm, who had a pending suit against their professional liability insurer…

PA - Federal Pleading Adequate

SEPTEMBER 2010 BAD FAITH CASES
BAD FAITH CLAIM SURVIVES MOTION TO DISMISS BECAUSE INSUREDS PROPERLY PLEADED VIOLATIONS OF PENNSYLVANIA’S BAD FAITH STATUTE (Middle District)

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

In Rice v. State Farm Fire and Casualty Company, the insureds owned a house that was covered by the insurer.  The policy allegedly covered both…

PA - No coverage duty, no bad faith

SEPTEMBER 2010 BAD FAITH CASES
NO BAD FAITH WHEN THE INSURER CORRECTLY INTERPRETS A POLICY BEFORE DENYING ADDITIONAL PAYMENTS TO THE INSURED (Philadelphia Federal)

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

In Caroselli v. Allstate Property & Casualty Insurance Company, the insurer issued a homeowner’s policy for the insured’s property.  The policy covered “sudden and accidental…

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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 – 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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