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Month: February 2012

PA - Attorney's Fees

FEBRUARY 2012 BAD FAITH CASES: INSURED MAY RECOVER ATTORNEY’S FEES INCURRED IN DECLARATORY JUDGMENT ACTION ONLY IF IT CAN PROVE THAT THE CARRIER REFUSED TO DEFEND IN BAD FAITH (Western District)

Posted on February 28, 2012November 11, 2018 by PA Bad Faith Blog

In relation to an underlying tort claim, the insured sought a declaration against both defendant carriers that (1) they owed a duty to defend in…

PA - Discovery and Evidence

FEBRUARY 2012 BAD FAITH CASES: FEDERAL COURT WILL NOT CONSIDER UIPA VIOLATIONS IN EVALUATING BAD FAITH OR UTPCPL CLAIMS (CONTRA THE SUPERIOR COURT) (Philadelphia Federal)

Posted on February 28, 2012November 11, 2018 by PA Bad Faith Blog

The court faced an insurance carrier’s motion to dismiss a complaint alleging bad faith and violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law…

PA - Federal Pleading Inadequate

FEBRUARY 2012 BAD FAITH CASES: COURT REFUSES REMAND; DISMISSES BAD FAITH ALLEGATIONS AS CONCLUSORY, WITH LEAVE TO AMEND COMPLAINT (Middle District)

Posted on February 28, 2012November 11, 2018 by PA Bad Faith Blog

The court ruled upon a carrier’s motion to dismiss a complaint that seeks to compel underinsured motorist (“UIM”) benefits pursuant to the insureds’ auto insurance…

PA - Procedural Issues

FEBRUARY 2012 BAD FAITH CASES: COURT DENIES CLASS CERTIFICATION IN BREACH OF CONTRACT CASE, PREVENTING CLASS-WIDE BAD FAITH ACTION, BUT PERMITS BAD FAITH ACTIONS TO PROCEED INDIVIDUALLY (Western District)

Posted on February 25, 2012November 11, 2018 by PA Bad Faith Blog

The court decided a carrier’s motion to dismiss its insured’s complaint that alleged breach of contract and bad faith and sought class certification for both…

PA - Federal Pleading Inadequate

FEBRUARY 2012 BAD FAITH CASES: COURT DISMISSES BAD FAITH CLAIM GROUNDED IN CONCLUSORY ALLEGATIONS OF “LOW-BALLING”; REMANDS BREACH OF CONTRACT CLAIM (Philadelphia Federal)

Posted on February 25, 2012November 6, 2018 by PA Bad Faith Blog

In Smith v. State Farm Mutual Automobile Insurance Company, an insured driver sued her carrier for not adequately paying under her policy’s underinsured motorist provision…

PA - Procedural Issues

FEBRUARY 2012 BAD FAITH CASES: COURT ALLOWS INSURED TO AMEND BAD FAITH COMPLAINT IN ORDER TO PLEAD THE EXISTENCE OF DIVERSITY JURISDICTION (Middle District)

Posted on February 25, 2012November 11, 2018 by PA Bad Faith Blog

An insured brought suit against her carrier for breach of contract and bad faith in its handling of the insured’s underinsured motorist claim. However, the…

PA - Attorney Client Privilege

FEBRUARY 2012 BAD FAITH CASES: FEDERAL COURT DENIES NON-PARTY (INSURER) OBJECTIONS TO REINSURER’S RULE 45 SUBPOENA ISSUED IN CONNECTION WITH OUT OF STATE BAD FAITH CASE (Middle District)

Posted on February 18, 2012November 11, 2018 by PA Bad Faith Blog

The court addressed a subpoena requesting documents relating to a bad faith case proceeding in the Middle District of Florida. The underlying bad faith action…

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

FEBRUARY 2012 BAD FAITH CASES: COURT RULES THAT COMPLAINT ALLEGES PLAUSIBILE MISREPRESENTATION AND BREACH OF FIDUCIARY DUTY CLAIMS (Middle District)

Posted on February 5, 2012November 11, 2018 by PA Bad Faith Blog

The court examined a carrier’s motion to dismiss. After a failed appeal for health insurance coverage under an employer-sponsored insurance policy, the insured party filed…

PA - Federal Pleading Inadequate

FEBRUARY 2012 BAD FAITH CASES: COURT DISMISSES INSURED’S BAD FAITH CLAIM WITHOUT PREJUDICE, BUT ALLOWS SUIT TO PROCEED TO DISCOVERY ON BREACH OF CONTRACT COUNT (Philadelphia Federal)

Posted on February 1, 2012November 11, 2018 by PA Bad Faith Blog

The court ruled upon a carrier’s motion for judgment on the pleadings in an action for breach of contract and bad faith. The suit stemmed…

February 2012
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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 – 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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