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Month: June 2011

PA - Attorney Client Privilege

JUNE 2011 BAD FAITH CASES
COURT ORDERS A WIDE RANGE OF DOCUMENTS PRODUCED, AND WILL LATER CONSIDER SPECIFIC ITEMS FROM PRIVILEGE LOG, IN UIM BAD FAITH CLAIM (Middle District)

Posted on June 27, 2011November 11, 2018 by PA Bad Faith Blog

Plaintiff Diana Consugar was involved in an April, 2009 car accident from which she sustained severe injuries. Her auto insurance policy with Nationwide provided for…

PA - Standing, Assignment or Outside Scope

JUNE 2011 BAD FAITH CASES
BANKRUPT INSURED LACKS STANDING TO BRING BAD FAITH AND BREACH OF CONTRACT CLAIMS, AS SUCH CAUSES OF ACTION ARE ASSETS OF HIS BANKRUPTCY ESTATE (Middle District)

Posted on June 22, 2011November 6, 2018 by PA Bad Faith Blog

In Reisinger v. Seneca Specialty Insurance Company, Plaintiff-insured owned an apartment/office building in Wilkes-Barre, which was insured by defendant, Seneca. In 2005, the building suffered…

PA - Coverage Issues

JUNE 2011 BAD FAITH CASES
SUMMARY JUDGMENT TO INSURER, AS LANGUAGE OF EXCLUSION FOUND TO BE UNAMBIGUOUS (Philadelphia County)

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

The insured was a bar owner whose toilets and bar drains backed up due to a sewer blockage. A plumber inspected the premises and prescribed…

PA - Reverse Bad Faith

JUNE 2011 BAD FAITH CASES
COMMERCE COURT VOIDS POLICY, FINDS INSURED TO HAVE ACTED IN BAD FAITH UPON MATERIALLY MISREPRESENTING THE NATURE OF THE BUSINESS INSURED (Philadelphia Commerce Court)

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

Defendant Wojdalski, the owner and operator of a construction and remodeling outfit, sought a commercial liability insurance policy with business insurer, Lloyd’s of London. Shortly…

PA - Claims Handling (general)

JUNE 2011 BAD FAITH CASES
COURT DENIES INSURER’S MOTION TO DISMISS BAD FAITH CLAIM, HOLDING THAT BAD FAITH STATUTE EXTENDS TO UNINSURED MOTORIST CLAIMS (Western District)

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

Sheila Rankin, the insured, was involved in a motor vehicle accident in September, 2007, in which she injured her left heel. At the time of…

June 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)
  • 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)
  • PA – Mediation (15)
  • 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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