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Month: January 2011

PA - Claims Handling (general)

JANUARY 2011 BAD FAITH CASES
PORTION OF BAD FAITH CLAIM NOT PREEMPTED BY § 1797 OF THE MVFRL; IMPROPER USE OF IME NOT PREEMPTED AND MAY CONSTITUTE BAD FAITH (Western District)

Posted on January 26, 2011November 11, 2018 by PA Bad Faith Blog

The insured was involved in a motor vehicle accident, and he alleged that it caused various injuries to his back, legs, and feet, and that…

PA - Removal & Remand

JANUARY 2011 BAD FAITH CASES
DIVERSITY JURISDICTION PROPERLY USED WHEN REMOVING BAD FAITH CASE TO FEDERAL COURT (Western District)

Posted on January 24, 2011November 11, 2018 by PA Bad Faith Blog

The insured was operating her automobile when it collided with another vehicle, allegedly causing serious and permanent injuries to her.  Both drivers denied liability, and…

PA - Procedural Issues

JANUARY 2011 BAD FAITH CASES
COURT DISMISSES BAD FAITH ALLEGATION WHEN INSURED FAILS TO SPECIFY HOW INSURER ACTED IN BAD FAITH (Monroe County Common Pleas)

Posted on January 23, 2011November 11, 2018 by PA Bad Faith Blog

The insured was involved in a motor vehicle accident that resulted in damages to her vehicle.  She had an automobile insurance policy with the insurer. …

PA - Standing, Assignment or Outside Scope

JANUARY 2011 BAD FAITH CASES
BAD FAITH ALLEGATION DISMISSED WHEN PLAINTIFF PHYSICIAN FAILS TO QUALIFY AS AN INSURED UNDER PENNSYLVANIA LAW (Lawrence County Common Pleas)

Posted on January 22, 2011November 11, 2018 by PA Bad Faith Blog

The plaintiff was a physician who provided pediatric and adolescent physician services.  He allegedly functioned as a preferred provider and a health service provider for…

PA - Procedural Issues

JANUARY 2011 BAD FAITH CASES
BAD FAITH CLAIM AUTOMATICALLY DISMISSED WHEN INSURED REACTS TO MOTION TO DISMISS BY SRIKING BAD FAITH CLAIM FROM AMENDED COMPLAINT (Western District)

Posted on January 21, 2011November 11, 2018 by PA Bad Faith Blog

The insured was in a motor vehicle accident when her car was struck from behind by another driver.  She suffered various “potentially permanent physical injuries”…

PA - Claims Handling (reasonable)

JANUARY 2011 BAD FAITH CASES
NO BAD FAITH WHEN WAITING TO RECEIVE IMPORTANT RECORDS BEFORE DETERMINING CLAIM, BUT BAD FAITH WHEN UNREASONABLY LOW SETTLEMENT OFFERS AND REFUSAL TO ENTER ARBITRATION WHEN THE POLICY ALLOWS IT (Western District)

Posted on January 10, 2011November 11, 2018 by PA Bad Faith Blog

The insured was involved in a serious motor vehicle accident in December 2001.  The driver of the other vehicle was uninsured, as his auto insurance…

PA - Discovery and Evidence

JANUARY 2011 BAD FAITH CASES
BAD FAITH STATUE ONLY CONCERNS WHETHER INSURER ACTS BADLY IN PARTICULAR CASE, NOT WHETHER ITS BUSINESS PRACTICES ARE REASONABLE IN GENERAL (Philadelphia Federal)

Posted on January 7, 2011November 11, 2018 by PA Bad Faith Blog

The insureds brought suit against their former professional liability insurer for failing to provide them with a defense when claims were asserted against the insureds…

PA - Claims Handling (general)

JANUARY 2011 BAD FAITH CASES
NO BAD FAITH WHEN INSURER PROPOSES TO MERGE UNDERINSURED MOTORIST CLAIM WITH A LIABILITY CLAIM FOR THE SAME ACCIDENT, AND WHEN DISPUTE EXISTS OVER CLAIM’S VALUE (Middle District)

Posted on January 6, 2011November 11, 2018 by PA Bad Faith Blog

The insured was involved in two car accidents.  In the first, which occurred in August 2005, the plaintiff was rear-ended by a car, the driver…

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

JANUARY 2011 BAD FAITH CASES
COMPENSATORY DAMAGES NOT AVAILABLE UNDER BAD FAITH STATUTE, BUT STATUTE DOES NOT ALTER ANY RIGHTS TO DAMAGES AVAILABLE UNDER CONTRACT LAW (Western District)

Posted on January 5, 2011November 11, 2018 by PA Bad Faith Blog

The insured had a policy with the insurer for multiple forms of business insurance.  The policy included a provision for employee theft crime coverage of…

PA - Settlement related issues

JANUARY 2011 BAD FAITH CASES
BAD FAITH CLAIM SURVIVES SUMMARY JUDGMENT WHEN ALLEGATIONS SUPPORT NOTION THAT INSURER DID NOT HAVE REASONABLE BASIS TO DECREASE A SETTLEMENT OFFER BUT DID SO (Middle District)

Posted on January 4, 2011November 11, 2018 by PA Bad Faith Blog

The insured suffered injuries when he was run over by a pickup truck while kneeling down to tie his shoe in the street.  He suffered…

January 2011
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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)
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  • 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)
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  • PA – Settlement related issues (121)
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  • PA – Sureties (11)
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  • PA – UIM/UM Cases (390)
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  • 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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