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Month: October 2011

PA - Bifurcate/Sever & Stays

OCTOBER 2011 BAD FAITH CASES
COURT DENIES AND GRANTS PORTIONS OF MOTION TO DISMISS BAD FAITH CLAIMS IN UM/UIM CONTEXT (Western District)

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

The court ruled upon a carrier’s motion to dismiss an insured’s breach of contract and bad faith claims.  The action stemmed from a 2008 car…

PA - Federal Pleading Adequate

OCTOBER 2011 BAD FAITH CASES
VIOLATIONS OF THE PENNSYLVANIA UNFAIR INSURANCE PRACTICES ACT CANNOT SUPPORT BAD FAITH CLAIM (Philadelphia Federal)

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

The court was faced with a carrier’s motion to dismiss and strike an insured’s breach of contract and bad faith claims.  The suit arose from…

PA - Discovery and Evidence

OCTOBER 2011 BAD FAITH CASES
COURT DENIES CARRIER’S MOTION TO DISMISS AND PERMITS DISCOVERY ON BAD FAITH CLAIMS, WHICH REQUIRE A FACT-INTENSIVE INQUIRY (Middle District)

Posted on October 17, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with a carrier’s motion to dismiss an insured’s bad faith allegations.  The case stems from a May 2010 car accident that…

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

OCTOBER 2011 BAD FAITH CASES
BAD FAITH STATUTE DOES NOT INCLUDE COMPENSATORY DAMAGES; COVENANT OF GOOD FAITH AND FAIR DEALING CLAIM NOT DISTINCT FROM CONTRACT CLAIMS (Philadelphia Federal)

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

The court granted the carrier’s motion to dismiss stemming from a claim that the insured sustained damages to its home and incurred consequential losses from…

PA - Federal Pleading Inadequate

OCTOBER 2011 BAD FAITH CASES
THIRD CIRCUIT AFFIRMS DISMISSAL OF BREACH OF CONTRACT AND BAD FAITH ACTION, RELYING UPON POLICY’S EMPLOYEE EXCLUSION CLAUSE (Third Circuit)

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

The Third Circuit heard an appeal from the district court’s dismissal of a breach of contract and bad faith action brought by an assignee of…

PA - Attorney Client Privilege

OCTOBER 2011 BAD FAITH CASES
COURT ADDRESSES DISCOVERY ON INSURER’S UIM FILE, INCLUDING PRIVILEGE, WORK PRODUCT, ADVISE OF COUNSEL, LOGS (Western District)

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

The court was presented with an insured’s motion to compel discovery and a carrier’s motion to sever and stay a bad faith claim.  The parties…

PA - Attorney's Fees

OCTOBER 2011 BAD FAITH CASES: APPEALS COURT UPHOLDS DAMAGES AWARD(Third Circuit)

Posted on October 10, 2011November 11, 2018 by PA Bad Faith Blog

The Third Circuit addressed the carrier’s appeal stemming from the district court’s award of damages to the insured.  The carrier had earlier won dismissal of…

PA - Coverage Issues

SEPTEMBER 2011 BAD FAITH CASES
COURT REJECTS CARRIER’S MOTION TO DISMISS BECAUSE ITS DENIAL OF DELAY DAMAGES WAS IMPROPER (Philadelphia Federal)

Posted on October 4, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with a carrier’s motion to dismiss, hinging upon whether insurance coverage for compensatory damages, provided under an uninsured/underinsured (UM/UIM) policy, includes…

PA - Claims Handling (unreasonable)

SEPTEMBER 2011 BAD FAITH CASES
COURT DENIES MOTION TO DISMISS AS INSURED SUFFICIENTLY ALLEGED IMPROPER DENIAL OF COVERAGE ON INCORRECT BASIS THAT SHE FAILED TO DISCLOSE MEDICAL CONDITION (Middle District)

Posted on October 3, 2011November 11, 2018 by PA Bad Faith Blog

The court was faced with a carrier’s motion to dismiss, or in the alternative, for a more definite statement.  The case stemmed from the carrier’s…

October 2011
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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
  • NJ – Attorney's Fees (29)
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  • NJ – Damages (2)
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  • NJ – Delay (Insured) (5)
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  • NJ – Discovery and Evidence (22)
  • NJ – ERISA Preemption (7)
  • 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)
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  • NJ – Rescission (12)
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  • NJ – Reverse Bad Faith (39)
  • NJ – Settlement related issues (27)
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  • PA – Agents and Administrators (48)
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  • PA – Cooperation with insurer (25)
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  • PA – Damages (17)
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  • PA – Delay (Insured) (41)
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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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