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Month: February 2011

PA - Claims Handling (reasonable)

FEBRUARY 2011 BAD FAITH CASES
THIRD CIRCUIT AFFIRMS SUMMARY JUDGMENT ON BAD FAITH CLAIM WHEN INSURER AT MOST ACTED NEGLIGENTLY IN FAILING TO TAKE CERTAIN ACTIONS (Third Circuit)

Posted on February 26, 2011November 6, 2018 by PA Bad Faith Blog

In Luse v. Liberty Mutual Fire Insurance Company, the insureds, husband and wife, suffered damages to their condominium from an accidental fire in their kitchen. …

PA - Discovery and Evidence

FEBRUARY 2011 BAD FAITH CASES
COURT DENIES INSUREDS’ MOTION TO AMEND TO INCLUDE BAD FAITH ALLEGATIONS TO A CLASS ACTION WHEN MOTION FILED AFTER 8 MONTHS OF DISCOVERY (Western District)

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

One of the two married insureds was involved in a motor vehicle accident with an underinsured motorist who failed to stop at a stop sign. …

PA - Bifurcate/Sever & Stays

FEBRUARY 2011 BAD FAITH CASES
MOTION TO STAY BAD FAITH CLAIM DENIED BECAUSE BREACH OF CONTRACT CLAIM HAD NOT YET BEEN DISPOSED (Middle District)

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

The insured was injured in a car accident, and she claimed that the negligence of the diver of the other car caused it when he…

PA - Claims Handling (reasonable)

FEBRUARY 2011 BAD FAITH CASES
SUMMARY JUDGMENT TO INSURER ON BAD FAITH CLAIM WHEN INSURER REASONABLY BELIEVES INSURED FRAUDULENTLY SUBMITTED HIS CLAIM; EXPERT OPINION NOT USEFUL (Third Circuit)

Posted on February 18, 2011November 11, 2018 by PA Bad Faith Blog

The insured owned a truck.  Under a policy with the insured, the insurer covered the vehicle against theft.  In May 2007, the insured alleged that…

PA - Claims Handling (general)

FEBRUARY 2011 BAD FAITH CASES
NO BAD FAITH WHEN INSURER JUSTIFIABLY REQUESTS EXAMINATION UNDER OATH TO DETERMINE INSURED’S KNOWLEDGE OF PROPERTY’S DETERIORATING CONDITIONS AND WHERE JURY FINDS PAYMENT $1 MILLION LOW (Philadelphia Commerce Court)

Posted on February 17, 2011November 11, 2018 by PA Bad Faith Blog

The insured owned Pier 34 in Philadelphia. it was issued a first party Property Policy by the insurer that covered risks of direct physical loss…

PA - Claims Handling (reasonable)

FEBRUARY 2011 BAD FAITH CASES
NO BAD FAITH WHERE INSURER PROPERLY RELIED ON INSPECTORS (Philadelphia County Common Pleas Court)

Posted on February 14, 2011November 11, 2018 by PA Bad Faith Blog

The insured had appealed an order the court issued in 2008 granting the insurer summary judgment with respect to her bad faith claim.  Without stating…

PA - Declaratory Judgment

FEBRUARY 2011 BAD FAITH CASES
BAD FAITH SUIT REMANDED TO STATE COURT WHEN IT IS CLOSELY RELATED TO A PENDING STATE COURT CONTRACT SUIT (Western District)

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

Two individuals were injured in a gas explosion.  Contractors were installing utility lines in the area where a guard rail was being installed when they…

PA - Delay (Insured)

FEBRUARY 2011 BAD FAITH CASES
INSURER’S MOTION TO DISMISS GRANTED WHEN INSURED’S POLICY APPLICATION CONTAINS NUMEROUS FRAUDULENT MISREPRESENTATIONS (Philadelphia Federal)

Posted on February 9, 2011April 23, 2022 by PA Bad Faith Blog

The insured was a pharmacist who owned two pharmacies in Philadelphia.  He decided to seek treatment after using unprescribed narcotics from his pharmacy’s supply for…

PA - Federal Pleading Inadequate

FEBRUARY 2011 BAD FAITH CASES: BAD FAITH ALLEGATION DISMISSED WHEN INSURED SIMPLY RESTATES THE ELEMENTS NECESSARY FOR PROVING A BAD FAITH CLAIM WITHOUT PROVIDING ANY FACTUAL SUPPORT (Philadelphia Federal)

Posted on February 8, 2011November 11, 2018 by PA Bad Faith Blog

The insured suffered significant injuries in a motor vehicle collision with an underinsured driver, whose liability policy was limited at $15,000.  The insured, on the…

PA - Bifurcate/Sever & Stays

FEBRUARY 2011 BAD FAITH CASES
COURT DECLINES MOTION TO STAY OR DISCONTINUE BAD FAITH DISPUTE AFTER THE INSURED IS INDICTED ON CRIMINAL FRAUD CHARGES (Western District)

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

A car accident caused injuries to the insured’s spine and associated muscles and joints.  He had an individual disability policy with the insurer, which provided coverage…

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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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