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Month: September 2011

PA - MVFRL

SEPTEMBER 2011 BAD FAITH CASES
COURT MAINTAINS THAT INDEPENDENT CONTRACTOR’S ALLEGATIONS DO NOT STATE CAUSE OF ACTION UNDER PA BAD FAITH STATUTE (Philadelphia)

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

The trial judge trial issued an opinion to support his December 2, 2010 decision, which has been appealed.  The case stems from an accident that…

PA - Claims Handling (general)

SEPTEMBER 2011 BAD FAITH CASES
COURT REJECTS INSURED’S CLAIM THAT CARRIER WAS ADVERSARIAL IN ITS INVESTIGATION (WESTERN DISTRICT)

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

The case arose in June 2008 from a water leak caused by a broken water pressure gauge in the insured’s basement.  After submitting its claim…

PA - Claims Handling (reasonable)

SEPTEMBER 2011 BAD FAITH CASES
BAD FAITH CLAIM DISMISSED BECAUSE CARRIER PROPERLY RELIED UPON LAWYER’S POTENTIAL LIABILITY TO DENY COVERAGE (WESTERN DISTRICT)

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

The court was faced with cross summary judgment motions stemming from the carrier’s denial of professional liability coverage.  The insured brought declaratory judgment, breach of…

PA - Claims Handling (general)

SEPTEMBER 2011 BAD FAITH CASES
COURT UPHOLDS SUMMARY JUDGMENT TO CARRIER BECAUSE IT THOROUGHLY INVESTIGATED A QUESTIONABLE INSURANCE CLAIM (THIRD CIRCUIT)

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

The Third Circuit was faced with an appeal from the district court’s grant of summary judgment to the carrier.  In the initial action, the insured…

PA - No coverage duty, no bad faith

SEPTEMBER 2011 BAD FAITH CASES
COURT REJECTS EFFORT TO BIND EMPLOYER’S CARRIER TO COVER EMPLOYEE’S OTHERWISE UNCOVERED ACTS UNDER RESPONDEAT SUPERIOR THEORY (THIRD CIRCUIT)

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

The Third Circuit was faced with an appeal from the district court’s grant of summary judgment to the carrier.  In 2005, the claimant was involved…

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

SEPTEMBER 2011 BAD FAITH CASES
COURT REQUIRES COMMON LAW BAD FAITH CLAIM TO BE PLEADED AS PART OF BREACH OF CONTRACT CLAIM (Western District)

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

The court ruled upon a partial motion to dismiss by the carrier, which claimed that two counts of the insured’s three-count bad faith claim were…

PA - Claims Handling (general)

SEPTEMBER 2011 BAD FAITH CASES
COURT RULES FOR INSURED ON BREACH OF CONTRACT CLAIM, BUT FINDS THAT CARRIER’S NEGLIGENCE WAS NOT BAD FAITH (Philadelphia Federal)

Posted on September 6, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with breach of contract and bad faith claims that arose from the carrier’s denial of coverage for property damage at the…

PA - No coverage duty, no bad faith

SEPTEMBER 2011 BAD FAITH CASES
NO COVERAGE WHERE INSURED DID NOT RESIDE IN HOME; NO REASONABLE EXPECTATION OF COVERAGE WHERE INSURED MISLEAD CARRIER (Philadelphia Federal)

Posted on September 3, 2011November 21, 2018 by PA Bad Faith Blog

The court was faced with cross-summary judgment motions stemming from the carrier’s alleged breach of contract and bad faith.  During 2009, the insured obtained a…

PA - Attorney Client Privilege

SEPTEMBER 2011 BAD FAITH CASES: APPELLATE COURT AFFIRMS AWARD OF ATTORNEY’S FEES UNDER SECTION 1797 OF PENNSYLVANIA’S MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW (Superior Cout)

Posted on September 2, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with a carrier’s appeal from the trial court’s award of attorney’s fees to a chiropractor that had treated the insured.  The…

PA - Coverage Issues

SEPTEMBER 2011 BAD FAITH CASES: INSURER’S MOTION TO DISMISS DENIED BECAUSE THE UNDERLYING TORT ALLEGATIONS FALL WITHIN THE SCOPE OF THE INSURED’S POLICY COVERAGE (PHILADELPHIA FEDERAL)

Posted on September 2, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with declaratory judgment, breach of contract, and bad faith claims by an insured against its carrier, which denied its duty to…

September 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)
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  • NJ – Damages (2)
  • NJ – Declaratory Judgment (12)
  • NJ – Delay (Insured) (5)
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  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
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  • NJ – Federal Pleading Adequate (12)
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  • 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)
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  • PA – Agents and Administrators (48)
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  • 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)
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  • PA – Delay (Payment) (72)
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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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