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Month: April 2011

PA - Attorney's Fees

APRIL 2011 BAD FAITH CASES
“COMPENSATORY DAMAGES” DEMAND IN BAD FAITH CLAIM SURVIVES MOTION TO DISMISS BECAUSE THE TERM HAS DIFFERENT MEANINGS IN DIFFERENT CONTEXTS (Western District)

Posted on April 29, 2011November 11, 2018 by PA Bad Faith Blog

In 2004, the insured’s business was burglarized.  A large assortment of the insured’s tools were stolen, and he promptly reported the theft to the insurer. …

PA - Coverage Issues

APRIL 2011 BAD FAITH CASES
BAD FAITH CLAIM SURVIVES SUMMARY JUDGMENT WHEN INSURER’S WAIVER FORM IS NON-COMPLIANT AND NON-BINDING ON INSURED (Middle District)

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

The insured was in a serious car accident while driving in Florida in 2007.  The driver of the other vehicle was never identified and was…

PA - Delay (Investigation/Claims handling)

APRIL 2011 BAD FAITH CASES
SUMMARY JUDGMENT GRANTED TO INSURED WHEN CLEAR AND CONVINCING EVIDENCE EXISTS THAT INSURER BREACHED AN INSURANCE POLICY AND ACTED IN BAD FAITH (Philadelphia Commerce Court)

Posted on April 25, 2011November 11, 2018 by PA Bad Faith Blog

The insured was the principal owner of a diner that suffered significant damage in a fire in December 2006.  In addition to the damage to…

PA - Agents and Administrators

APRIL 2011 BAD FAITH CASES
PAYMENT DELAY CLAIMS SURVIVES MOTION TO DISMISS AGAINST BOTH INSURER AND THIRD-PARTY ADMINISTRATOR WHERE TPA STATUS AS AN INSURER STILL OPEN (Middle District)

Posted on April 20, 2011November 11, 2018 by PA Bad Faith Blog

The insured fell ill in December 2005.  She had an insurance policy with the insurer, and she submitted claims for malpractice insurance tail expenses, salary…

PA - Discovery and Evidence

APRIL 2011 BAD FAITH CASES
THIRD CIRCUIT DENIES INSURED’S APPEAL OF A BAD FAITH INSURANCE CASE BECAUSE DISTRICT COURT HAD PROPERLY TURNED CASE OVER TO JURY (Third Circuit)

Posted on April 12, 2011November 11, 2018 by PA Bad Faith Blog

A fire occurred at a 175,000 square foot building owned by the insured. The insured filed a claim with the insurer for over $3.4 million in…

PA - Claims Handling (reasonable)

APRIL 2011 BAD FAITH CASES
SUMMARY JUDGMENT FOR INSURER ON BAD FAITH CLAIM WHEN INSURER CONDUCTS REASONABLE INVESTIGATION AND HAS SUFFICIENT REASONS FOR DELAYING ACCEPTANCE OF COVERAGE (Middle District)

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

In Aumen v. Nationwide Mutual Insurance Company, one of the insureds was driving a van owned by his employer when he was struck by another…

PA - Attorney Client Privilege

APRIL 2011 BAD FAITH CASES
THE TWO WAY STREET ON ATTORNEY CLIENT PRIVILEGE REOPENS IN PENNSYLVANIA (Pennsylvania Supreme Court)

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

In Gillard v. AIG Insurance Company, the insured brought a bad faith claim based on the insurers’ handling of his uninsured motorist claim.  During discovery,…

PA - Claims Handling (general)

APRIL 2011 BAD FAITH CASES
RELATIONSHIP OF GOOD FAITH AND THE RIGHT OF INSURER TO SETTLE(Superior Court)

Posted on April 1, 2011November 11, 2018 by PA Bad Faith Blog

During the course of its opinion, the Superior Court observed that: “If the insured freely entered into an insurance contract that gives the insurer the…

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

APRIL 2011 BAD FAITH CASES
NO SEPARATE ACTION FOR COMMON BAD FAITH; MOTION IN LIMINE GRANTED PREVENTING EXTRA-CONTRACTUAL CAUSE OF ACTION AGAINST PLAINTIFF INSURER (Philadelphia Federal)

Posted on April 1, 2011November 11, 2018 by PA Bad Faith Blog

A man who was the beneficiary of an annuity from an insurer passed away before receiving the minimum guarantee of 360 months of payments.  The annuity…

April 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)
  • 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)
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  • 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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