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Month: July 2012

PA - Declaratory Judgment

JULY 2012 BAD FAITH CASES: COURT RULES THAT BAD FAITH COUNT SHOULD NOT PROCEED TO DISCOVERY BECAUSE CARRIER WAS NOT REQUIRED TO INDEMNIFY INSUREDS (Middle District)

Posted on July 30, 2012October 24, 2018 by PA Bad Faith Blog

In Borough of Moosic v. Darwin Prof’l Underwriters, Inc., the court heard a carrier’s motion to dismiss filed in response to an insured’s complaint seeking…

PA - MVFRL

JULY 2012 BAD FAITH CASES: COURT PERMITS CHIROPRACTOR’S DEFAMATION COUNT TO PROCEED, BUT DECLINES TO ASSERT SUPPLIMENTAL JURISDICTION OVER BAD FAITH CLAIM (Philadelphia Federal)

Posted on July 26, 2012October 23, 2018 by PA Bad Faith Blog

In Schatzberg v. State Farm Mut. Auto. Ins. Co., the court heard a carrier’s motion to dismiss a chiropractor’s six-count complaint, which alleged (1) defamation;…

PA - Coverage Issues

JULY 2012 BAD FAITH CASES: COURT RULES THAT POLICY LANGUAGE, NOT CARRIER’S INITIAL REACTION TO A CLAIM PRIOR TO INVESTIGATION, CONTROLS THE INSURED’S BAD FAITH CLAIM; SUBCONTRACTOR WORK SUBJECT TO EXCLUSION AS WELL (Philadelphia Federal)

Posted on July 25, 2012October 26, 2018 by PA Bad Faith Blog

In Neshaminy Constructors, Inc. v. Fed. Ins. Co., the court heard cross motions for summary judgment filed by an insured general contractor and its insurance…

PA - No coverage duty, no bad faith

JULY 2012 BAD FAITH CASES: NO BAD FAITH WHERE PRIOR ACTS POLICY DID NOT COVER INSURED’S ACTIONS BEFORE RETROACTIVE DATE IN POLICY; REASONABLE EXPECTATIONS DOCTRINE NOT APPLICABLE TO COMMERCIAL INSURED (Philadelphia Federal)

Posted on July 25, 2012October 24, 2018 by PA Bad Faith Blog

In A.P. Pino & Assocs. v. Utica Mut. Ins. Co., the court heard a carrier’s motion for summary judgment filed in response to an insured’s…

PA - Claims Handling (general)

JULY 2012 BAD FAITH CASES: ATTEMPT TO NEGOTIATE A LOWER COST WITH THE INSURED’S GENERAL CONTRACTOR WAS NOT IN BAD FAITH ALTHOUGH IT DELAYED THE RESOLUTION OF THE INSURED’S CLAIM (Middle District)

Posted on July 23, 2012October 27, 2018 by PA Bad Faith Blog

In Dameshek v. Encompass Ins. Co. of Am., the court heard a carrier’s motion for summary judgment. The case stemmed from a fire in the…

PA - Bifurcate/Sever & Stays

JULY 2012 BAD FAITH CASES: COURT STAYS BAD FAITH CLAIMS PENDING UIM CLAIM (Philadelphia Federal)

Posted on July 20, 2012October 30, 2018 by PA Bad Faith Blog

In Moninghoff v. Tillet, the court heard a carrier’s motion to stay an insured’s bad faith claims until the accompanying underinsured motorist (“UIM”) claims were…

PA - Coverage Issues

JULY 2012 BAD FAITH CASES: COURT DISMISSES SUBROGEE’S BAD FAITH ACTION AS TIME-BARRED, BUT ALLOWS BREACH OF CONTRACT ACTION TO PROCEED BECAUSE THE INSURED HAD NO DUTY TO ALERT CARRIER OF LAWSUIT AFTER ITS CARRIER DISCLAIMED COVERAGE (Philadelphia Federal)

Posted on July 18, 2012October 24, 2018 by PA Bad Faith Blog

In Lloyd’s London v. United Fin. Cas. Co., the court heard a carrier’s motion to dismiss a bad faith and breach of contract action brought…

PA - Procedural Issues

JULY 2012 BAD FAITH CASES: COURT DISMISSES INSURED’S SECOND SUIT FOR BAD FAITH UNDER DOCTRINE OF RES JUDICATA (Philadelphia Federal)

Posted on July 18, 2012October 29, 2018 by PA Bad Faith Blog

In D’Orazio v. Hartford Underwriters Ins. Co., the court heard the carrier’s motion to dismiss the insured’s suit for breach of contract and bad faith.…

PA - Discovery and Evidence

JULY 2012 BAD FAITH CASES: COURT GRANTS CARRIER’S MOTION TO RECONSIDER DISCOVERY ORDER IN FAVOR OF INSURED BECAUSE THE THIRD CIRCUIT DISFAVORS DISCOVERY OF SIMILAR CLAIMS EVIDENCE IN BAD FAITH LITIGATION (Western District)

Posted on July 18, 2012October 19, 2018 by PA Bad Faith Blog

In Zettle v. American National Property & Casualty Co., the court ruled on a motion to reconsider part of the court’s May 7, 2012 order…

PA - Federal Pleading Inadequate

JULY 2012 BAD FAITH CASES: COURT DISMISSES BAD FAITH COMPLAINT AS CONCLUSORY AND REMANDS CASE FOR LACK OF PROPER AMOUNT IN CONTROVERSY (Middle District)

Posted on July 17, 2012October 30, 2018 by PA Bad Faith Blog

In Sypeck v. State Farm Mut. Auto. Ins. Co., the court heard a carrier’s motion to dismiss an insured’s claim for bad faith and breach…

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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
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  • NJ – Litigation Conduct (2)
  • NJ – Negligence not bad faith (15)
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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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