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Month: July 2011

PA - Limitations Period

JULY 2011 BAD FAITH CASES
PLAINTIFF ALLEGES TERMINATION OF LIFE INSURANCE CONSTITUTED BAD FAITH, BUT COURT DOES NOT GET TO MERITS AS CLAIM TIME BARRED (Middle District)

Posted on July 28, 2011November 11, 2018 by PA Bad Faith Blog

A widowed plaintiff, Janice Bariski, brought a bad faith claim against the insurer after it terminated her late husband’s life insurance policy. The insurance policy was…

PA - MVFRL

JULY 2011 BAD FAITH CASES
INSURED’S BAD FAITH CLAIM NOT PRE-EMPTED BY MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW WHERE THE REASONABLENESS OF THE INSURED’S MEDICAL TREATMENT NOT IN DISPUTE (Philadelphia Federal)

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

The plaintiff was involved in a car accident, totaling his Honda truck. He held an insurance policy with GEICO and submitted a claim for coverage…

PA - UIM/UM Cases

JULY 2011 BAD FAITH CASES
COURT FINDS THAT BAD FAITH TYPE CONDUCT MAY BE ACTIONABLE UNDER CONSUMER PROTECTION LAW (Western District)

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

Plaintiffs James and Marlene Genter brought claims, among others, for consumer protection law violations against Allstate after the insurer denied coverage on their underinsured motorist (UIM) claims. This…

PA - Federal Pleading Inadequate

JULY 2011 BAD FAITH CASES
INSURED’S “CONCLUSORY” BAD FAITH ALLEGATIONS DISMISSED, NOT SUFFICIENTLY FACTUAL TO CLEAR TWOMBLY PLEADING THRESHOLD(Western District)

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

Liberty administered PGT’s worker’s compensation program. Liberty initially brought suit seeking a declaration of its rights under the insurance policies it provided to PGT as…

PA - Standing, Assignment or Outside Scope

JULY 2011 BAD FAITH CASES
INSURED WITHOUT “SPECIAL RELATIONSHIP,” STANDING TO CHALLENGE INTERNAL DECISIONS OF CORPORATE NON-PROFIT(Pennsylvania Supreme Court)

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

The plaintiff, Petty, was the owner of a construction company called R.G. Petty Masonry. The company contracted with Blue Cross of Northeastern Pennsylvania to provide…

PA - Claims Handling (general)

JULY 2011 BAD FAITH CASES
INSURER NEED NOT SHOW FLAWLESS INVESTIGATORY PROCESS TO COMBAT BAD FAITH CLAIM REASONABLE FOUNDATION FOR ITS CONCLUSION (Western District)

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

Earl Lehman worked for Halbleib’s Auto Repair shop as an independent contractor providing tow truck services. Halbleib’s owned a 2007 GMC pickup truck which it…

PA - Claims Handling (general)

JULY 2011 BAD FAITH CASES
PLAINTIFF STATED CLAIMS OF BAD FAITH AND UNFAIR BUSINESS PRACTICES, WHERE INSURER ALLEGEDLY DENIED COVERAGE WITHOUT INSPECTING PROPERTY, INVESTIGATING DAMAGE (Middle District)

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

Plaintiff Pinkhasov owned a residential property in Pittston, PA which was insured by Allstate. Plaintiff’s Homeowner’s policy had a coverage limit of $250,000 for his…

July 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 – Procedural Issues (126)
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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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