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Month: June 2012

PA - Claims Handling (general)

JUNE 2012 BAD FAITH CASES: COURT GRANTS SUMMARY JUDGMENT TO CARRIER BECAUSE SUBMISSION OF CLAIMS TO A PEER REVIEWER AND USE OF MULTIPLE ATTORNEYS DOES NOT AMOUNT TO BAD FAITH CONDUCT (Philadelphia Federal)

Posted on June 29, 2012October 28, 2018 by PA Bad Faith Blog

In Watson v. Nationwide Mut. Ins. Co. of N. Am., the court heard a carrier’s motion for summary judgment after its insured sued for breach…

PA - Delay (Investigation/Claims handling)

JUNE 2012 BAD FAITH CASES: COURT REFUSES TO ADOPT PARTIES’ CONTENTIONS DUE TO FACTUAL DISPUTE WITH RESPECT TO VALUE OF INSUREDS’ DAMAGES AND BAD FAITH CLAIMS (Middle District)

Posted on June 29, 2012October 26, 2018 by PA Bad Faith Blog

In Boyer v. First Am. Title Ins. Co., the insureds filed a motion for summary judgment against their title insurance carrier from which the insureds…

PA - Coverage Issues

JUNE 2012 BAD FAITH CASES: APPELLATE COURT AFFIRMS SUMMARY JUDGMENT TO CARRIER BECAUSE ENTRUSTMENT EXCLUSION APPLIES TO REAL PROPERTY (Third Circuit)

Posted on June 14, 2012November 6, 2018 by PA Bad Faith Blog

In 3039 B St. Assocs. v. Lexington Ins. Co., the Third Circuit heard an appeal from the district court’s grant of summary judgment to the…

PA - Delay (Investigation/Claims handling)

JUNE 2012 BAD FAITH CASES:COURT DENIES CARRIER’S SUMMARY JUDGMENT WITH RESPECT TO DELAY IN INVESTIGATING INSURED’S AVAILABLE FIRST-PARTY BENEFITS, THE ABSENCE OF WHICH TRIGGERED AWARD OF PIP BENEFITS TO INSURED (Philadelphia Federal)

Posted on June 14, 2012October 25, 2018 by PA Bad Faith Blog

In Platt v. Fireman’s Fund Ins. Co., the carrier filed a motion for summary judgment seeking to resolve allegations of bad faith and breach of…

PA - Cooperation with insurer

JUNE 2012 BAD FAITH CASES: SERVING RULE TO FILE A COMPLAINT ON WRIT OF SUMMONS NOT BAD FAITH; CLAIMS HANDLING NOT UNREASONABLE UNDER CIRCUMSTANCES (Middle District)

Posted on June 14, 2012October 29, 2018 by PA Bad Faith Blog

In Fabrikant v. State Farm Fire & Casualty Co., the court ruled for a carrier that had filed a motion for summary judgment in opposition…

PA - Limitations Period

JUNE 2012 BAD FAITH CASES: STATUTE OF LIMITATIONS DID NOT COMMENCE WHEN CARRIER SENT RESERVATION OF RIGHTS, BUT WHEN CARRIER TENDERED UNEQUIVOCAL DENIAL OF COVERAGE TO THE INSURED (Western District)

Posted on June 14, 2012October 26, 2018 by PA Bad Faith Blog

In Wiseman Oil Co. v. TIG Ins. Co., the insured brought suit against its carrier seeking a declaratory judgment as to the carrier’s duty to…

PA - Federal Pleading Inadequate

JUNE 2012 BAD FAITH CASES: COURT RULES THAT STATE BAD FAITH CLAIMS ARE PREEMPTED BY THE FEDERAL EMPLOYEES HEALTH BENEFITS ACT (“FEHBA”) (Middle District)

Posted on June 14, 2012October 30, 2018 by PA Bad Faith Blog

In Pellicano v. Blue Cross Blue Shield Ass’n, the insured, a retired federal employee, filed objections to the Magistrate’s Report and Recommendation (“R&R”), which granted…

PA - Discovery and Evidence

JUNE 2012 BAD FAITH CASES: COURT GRANTS CARRIER’S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF CLAIMS HANDLING IN BREACH OF CONTRACT BECAUSE INSURED’S BAD FAITH CLAIM WAS DENIED ON SUMMARY JUDGMENT (Western District)

Posted on June 14, 2012October 27, 2018 by PA Bad Faith Blog

In Seto v. State Farm Ins. Co., the court heard a carrier’s motion in limine to exclude evidence of its bad faith, including its claims-handling,…

PA - Claims Handling (general)

JUNE 2012 BAD FAITH CASES: BAD FAITH CLAIM CAN PROCEED WHERE INFERENCE OF FAILURE TO INVESTIGATE; PARTY CONSIDERED INSURER EVEN THOUGH NOT PRIMARILY NAMED AS INSURER ON POLICY (Philadelphia Federal)

Posted on June 14, 2012October 29, 2018 by PA Bad Faith Blog

In Simmons v. Trumbull Ins. Co., the court addressed an insured’s breach of contract and bad faith claims stemming from the denial of benefits under…

PA - Claims Handling (general)

JUNE 2012 BAD FAITH CASES: COURT RULES THAT CARRIER’S DENIAL OF CLAIM BASED ON UPON SINGLE MEDICAL EXPERT RAISES INFERENCE OF BAD FAITH SUFFICIENT TO DEFEAT MOTION TO DISMISS (Middle District)

Posted on June 14, 2012October 19, 2018 by PA Bad Faith Blog

In Goshorn v. Westfield Ins. Co., the insured brought breach of contract and bad faith allegations against her automobile insurer for denying underinsured motorist (“UIM”)…

June 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)
  • PA – Insurer wrong, but reasonable (29)
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  • 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

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