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Month: October 2010

PA - Standing, Assignment or Outside Scope

OCTOBER 2010 BAD FAITH CASES
BAD FAITH CANNOT EXIST WHEN INSUREDS BRING CLAIM FOR BREACH OF ANNUITY CONTRACTS INSTEAD OF INSURANCE CONTRACTS (Philadelphia Federal)

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

In Prusky v. Allstate Life Insurance Company, the insureds purchased annuity contracts from the insurer.  The contracts permitted the value invested to be apportioned in…

PA - Procedural Issues

OCTOBER 2010 BAD FAITH CASES
CLAIMS NOT SUBJECT TO SECURITIES INDUSTRY ARBITRATION CLAUSE WHERE PLAINTIFF IS OUTSIDE POLICY LANGUAGE OF THOSE REQUIRED TO ARBITRATE (Allegheny County)

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

In Gialames v. Raymond James Financial Services, Inc., the plaintiff purchased and sold securities as an independent contractor of one of the defendants, a financial…

PA - Discovery and Evidence

OCTOBER 2010 BAD FAITH CASES
IN DISMISSING BAD FAITH COMPLAINT COURT SAYS: “DISCOVERY IS NOT PERMITTED AS A WAY FOR A PLAINTIFF TO SEE IF HE HAS A CAUSE OF ACTION.” (MIDDLE DISTRICT)

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

In Muth v. State Farm Fire & Casualty Company, the insured owned a fire and casualty insurance policy for his residential property.  A fire eventually…

PA - ERISA Preemption

OCTOBER 2010 BAD FAITH CASES
BAD FAITH CLAIM PRE-EMPTED BY ERISA (Western District)

Posted on October 10, 2010November 11, 2018 by PA Bad Faith Blog

In Jobe v. The Prudential Insurance Company of America, the insured was diagnosed in October, 2007 with long-standing relapsing multiple sclerosis causing fatigue and lack…

PA - Claims Handling (reasonable)

OCTOBER 2010 BAD FAITH CASES
BAD FAITH ALLEGATION DISMISSED WHEN THE INSURER CONDUCTS AN ADEQUATE INVESTIGATION BEFORE DENYING COVERAGE (Philadelphia Federal)

Posted on October 9, 2010November 6, 2018 by PA Bad Faith Blog

In Atiyeh v. National Fire Insurance Company of Hartford, the insured owned a real estate business that was covered by the insurer with a commercial…

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

OCTOBER 2010 BAD FAITH CASES
BECAUSE NO INDEPENDENT CAUSE OF ACTION FOR BREACH OF IMPLIED DUTY OF GOOD FAITH, BAD FAITH ALLEGATIONS FALL WITHIN A BREACH OF CONTRACT CLAIM (Western District)

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

In Klay v. Axa Equitable Life Insurance Company, the insured was a cardiothoracic and vascular surgeon who purchased six disability insurance policies from the insurer…

PA - Claims Handling (reasonable)

OCTOBER 2010 BAD FAITH CASES
NO BAD FAITH WHEN INSURER CONDUCTS REASONABLE INVESTIGATION BEFORE PAYING PROPERTY DAMAGE, EVEN WHEN PARTIES ESTIMATES THAT ARE FAR APART (Middle District)

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

In Fitzmartin v. Allstate Property & Casualty Company, the insureds owned a house that was insured under a homeowners policy with the insurer.  One day…

PA - No coverage duty, no bad faith

OCTOBER 2010 BAD FAITH CASES
NO BAD FAITH WHEN EXCLUSION FOR COVERAGE AS TO INSURED AND INSURED’S EMPLOYEE HAS NO STANDING UNDER POLICY (Middle District)

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

In Empire Fire & Marine Insurance Company v. Jones, the insured ran a trash collection business. When one of his employees attempted to jump aboard…

PA - Claims Handling (general)

OCTOBER 2010 BAD FAITH CASES
BAD FAITH ALLEGATION CANNOT SURVIVE MOTION TO DISMISS WHEN THE FACTS INSUFFICIENTLY ALLEGE BAD FAITH ON THE PART OF THE INSURER (Philadelphia Federal)

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

In Bomgardner v. State Farm Fire & Casualty, the insured was in the business of performing “concrete-related services.”  He had business liability insurance coverage under…

October 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)
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  • 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)
  • PA – Attorney Client Privilege (51)
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  • 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)
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  • PA – Removal & Remand (98)
  • PA – Rescission (32)
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  • 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)
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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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