Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog

Skip to content
Menu
  • Home
  • About This Blog
  • Disclaimer
  • Privacy Policy
  • Searching this Blog

Month: August 2011

PA - Claims Handling (general)

AUGUST 2011 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE IT FAILED TO ALLEGE BAD FAITH CONDUCT AND THERE WAS NOT COVERAGE (WESTERN DISTRICT)

Posted on August 31, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with a bad faith claim by the insured and a motion to dismiss filed by the insurer.  The insured asserted that…

PA - ERISA Preemption

AUGUST 2011 BAD FAITH CASES: STATE LAW BAD FAITH CLAIM PREEMPTED BY FEDERAL LAW UNDER ERISA (Western District)

Posted on August 30, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with the issue of whether a long-term disability plan qualified as an ERISA plan under federal law and therefore preempted the…

PA - Procedural Issues

AUGUST 2011 BAD FAITH CASES
COURT DISMISSED BAD FAITH CLAIM ON GROUNDS OF LACK OF PERSONAL JURISDICTION (Philadelphia Federal)

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

The court was presented with a breach of contract and bad faith claim stemming from the insurer’s alleged underpayment of the carrier’s underinsured motorist claim. …

PA - Coverage Issues

AUGUST 2011 BAD FAITH CASES
BAD FAITH CLAIM CAN PROCEED WHERE ISSUE OF INTENTIONAL NATURE OF INSURED’S ACT NOT CONCLUSIVELY ESTABLISHED BY COMPLAINT OR ASSAULT CONVICTION (Philadelphia Federal)

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

The court was faced with competing motions stemming from an assault that occurred during a concert at Lincoln Financial Field.  On June 29, 2009, Keck…

PA - Claims Handling (general)

AUGUST 2011 BAD FAITH CASES
COURT REFUSED TO DISMISS BAD FAITH CLAIMED BASED UPON UIM COVERAGE IN COMMERCIAL FLEET POLICY; ALSO FINDING NONCOMFORMING WAIVER (Middle District)

Posted on August 21, 2011November 6, 2018 by PA Bad Faith Blog

In Douglas v. Discover Property & Casualty Insurance, the court was faced with cross summary judgment motions stemming from the injured party’s attempt to obtain…

PA - Discovery and Evidence

August 2011 BAD FAITH CASES
COURT FOUND THAT ISSUES WERE DISPUTED AND THUS SUBJECT TO DISCOVERY (Western District)

Posted on August 16, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with cross-motions stemming from a dispute over the insurer’s claims handling process and the insured’s self-administration of worker’s compensation claims.  The…

PA - Claims Handling (general)

AUGUST 2011 BAD FAITH CASES
COURT FINDS ABSENCE OF BAD FAITH WHERE REASONABLE INVESTIGATION, EVEN AFTER FINDING INSURER’S COVERAGE POSITION WAS CORRECT TO BEGIN WITH (Philadelphia Federal)

Posted on August 15, 2011November 11, 2018 by PA Bad Faith Blog

The insured brought a claim alleging that the insurer acted in bad faith by breaching its duty to pay benefits for a loss covered under…

PA - No coverage duty, no bad faith

AUGUST 2011 BAD FAITH CASES
THERE CAN BE NO BAD FAITH WHERE NO BENEFITS WERE DUE TO PLAINTIFF UNDER THE POLICY (Philadelphia Federal)

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

The court had determined that the insurance carrier had no duty to pay the plaintiff first party benefits under the insurance policy or Pennsylvania’s Motor…

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

AUGUST 2011 BAD FAITH CASES
BRINGING DECLARATORY JUDGMENT ACTION NOT STATUTORY OR COMMON LAW CONTRACTUAL BAD FAITH (Philadelphia Federal)

Posted on August 13, 2011November 11, 2018 by PA Bad Faith Blog

The insurer brought a declaratory judgment action seeking a ruling that life insurance policies were void or voidable.  The insured filed counterclaims, including a section…

PA - No coverage duty, no bad faith

AUGUST 2011 BAD FAITH CASES
THIRD CIRCUIT SAYS NO BAD FAITH POSSIBLE WHERE SOLE BASIS FOR CLAIM IS DENIAL OF COVERAGE AND CARRIER WAS CORRECT IN DENYING COVERAGE (THIRD CIRCUIT)

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

The carrier denied a claim under a homeowner’s policy based upon a subsurface water exclusion.  The insured alleged breach of contract and bad faith, asserting…

Posts navigation

Page 1 Page 2 Next Page
August 2011
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031  
« Jul   Sep »

Search

Archives

  • ►2022
    • May
    • April
    • March
    • February
    • January
  • ►2021
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2020
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2019
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2018
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2017
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2016
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2015
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2014
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2013
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2012
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2011
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2010
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2009
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2008
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • April
    • March
    • February
    • January
  • ►2007
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2006
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January

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

Subscribe by Email

Signup to receive e-mail notifications about future blog posts.


 

© Copyright 2023 – Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog
Wisteria Theme by WPFriendship ⋅ Powered by WordPress