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Month: May 2011

PA - Discovery and Evidence

MAY 2011 BAD FAITH CASES
PENNSYLVANIA SUPERIOR COURT REVERSES ORDER COMPELLING INSURED TO PRODUCE ATTORNEY FILES UNDER THE WORK-PRODUCT DOCTRINE (Pennsylvania Superior Court)

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

The insured was riding his brother’s motorcycle when another vehicle collided with him, causing serious injuries and leaving him in the hospital for days.  He…

PA - Claims Handling (reasonable)

MAY 2011 BAD FAITH CASES
SUMMARY JUDGMENT TO INSURER, HOLDING THAT ALL DELAYS IN SETTEMENT OFFERS AND OTHER MATTERS ARE REASONABLE AND ITS OVERALL HANDLING OF THE CLAIM IS ACCEPTABLE (Philadelphia Federal)

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

The insured was in a motor vehicle accident in April 2002, and all parties agreed that it was caused by the driver of another vehicle. …

PA - Claims Handling (reasonable)

MAY 2011 BAD FAITH CASES
COURT GRANTS SUMMARY JUDGMENT ON BAD FAITH AND BREACH OF CONTRACT CLAIMS AFTER INSURED FAILS TO ASSERT DISPUTE OF MATERIAL FACT (Philadelphia Federal)

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

The insured was injured in a motor vehicle accident in 2007.  She had a policy with the insurer, under which the insurer would cover personal…

PA - Removal & Remand

MAY 2011 BAD FAITH CASES
COURT REMANDS CASE TO STATE COURT WHEN DIVERSITY JURISDICTION IS DESTROYED THROUGH JOINDER OF INDIVIDUAL CLAIMS REP FOUND NOT FRAUDULENT (Western District)

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

The insured was injured in a motor vehicle collision with another car, and the driver of that car was responsible for the accident.  The insured…

PA - Claims Handling (general)

MAY 2011 BAD FAITH CASES
SUMMARY JUDGMENT ON BAD FAITH CLAIM GRANTED BECAUSE INSURED FAILS TO DEMONSTRATE THAT INSURER LACKED A REASONABLE BASIS FOR DENYING CLAIM (Philadelphia Federal)

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

The insured was a corporation that owned a gym.  The insurer covered the insured for up to $1,000,000 for risks of physical loss to the…

PA - Removal & Remand

MAY 2011 BAD FAITH CASES
WESTERN DISTRICT REMANDS CASE TO STATE COURT AFTER DETERMINING THAT THE AMOUNT IN CONTROVERSY DOES NOT SATISFY DIVERSITY JURISDICTION REQUIREMENTS (Western District)

Posted on May 19, 2011November 11, 2018 by PA Bad Faith Blog

The insured had filed a Complaint including claims for breach of contract and bad faith.  The insurer removed the case to federal court on diversity…

PA - Federal Pleading Adequate

MAY 2011 BAD FAITH CASES
BAD FAITH CLAIM SURVIVES MOTION TO DISMISS WHEN INSUREDS’ ALLEGED FACTS, IF PROVEN TRUE, SUPPORT A FINDING OF BAD FAITH (Western District)

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

The insureds were driving when another automobile collided with them in a head-on collision.  They both suffered significant injuries that required surgeries, and they lost…

PA - Negligence not bad faith

MAY 2011 BAD FAITH CASES
COURT DISMISSES BAD FAITH CLAIM, BUT FOCUSES ON ILL-WILL IN FINDING ABSENCE OF INTENT OR RECKLESSNESS; AND IMPLIES POTENTIAL FOR BAD FAITH WITHOUT DENIAL OF BENEFIT (Philadelphia Federal)

Posted on May 17, 2011November 6, 2018 by PA Bad Faith Blog

In Treadways LLC v. Travelers Indem. Co., the insured, an LLC, had policies with the insurer for commercial automobile insurance, worker’s compensation insurance, and employer’s…

PA - ERISA Preemption

MAY 2011 BAD FAITH CASES
COURT DISMISSES BREACH OF CONTRACT AND BAD FAITH CLAIMS BECAUSE THEY ARE PRE-EMPTED BY ERISA (Middle District)

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

The plaintiff was employed as a phlebotomist by Quest Diagnostics from 2004 until 2008, when he had to quit because he was “emotionally and physically…

PA - Claims Handling (reasonable)

MAY 2011 BAD FAITH CASES
COURT GRANTS SUMMARY JUDGMENT TO INSURER ON BAD FAITH CLAIM AFTER DETERMINING THAT THE INSURER ACTED REASONABLY THROUGHOUT THE CLAIM PROCESS (Middle District)

Posted on May 9, 2011November 6, 2018 by PA Bad Faith Blog

In Rossi v. Progressive Insurance, the insured was driving when he turned left across a lane of incoming traffic, colliding with an oncoming vehicle.  He…

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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)
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  • PA – Bifurcate/Sever & Stays (65)
  • PA – Choice/Conflict of Law (24)
  • PA – Claims Handling (general) (167)
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  • 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)
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  • PA – UIM/UM Cases (390)
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  • 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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