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Month: January 2014

PA - Procedural Issues

JANUARY 2014 BAD FAITH CASES: ARBITRATION CLAUSE APPLIES TO BAD FAITH CLAIM AS IT ARISES OUT OF UNDERLYING ARBITRABLE BREACH OF CONTRACT CLAIM (Philadelphia Federal)

Posted on January 29, 2014November 11, 2018 by PA Bad Faith Blog

Plaintiff brought suit against its insurer alleging the insurer was liable for business losses incurred by the plaintiff when a ruptured pipeline delayed shipments of…

NJ - Rescission

JANUARY 2014 BAD FAITH CASES: INSURER’S SUMMARY JUDGMENT AFFIRMED ON EQUITABLE FRAUD COUNT AND POLICY RESCINDED (New Jersey Appellate Division)

Posted on January 29, 2014April 23, 2022 by PA Bad Faith Blog

The insurer brought suit against its insured seeking declaratory judgment and rescission of the policy for material misrepresentation by the client on the insurance application.…

PA - Limitations Period

JANUARY 2014 BAD FAITH CASES: BAD FAITH CLAIM ARISING FROM DEATH IN 1999 BARRED BY STATUTE OF LIMITATIONS (Philadelphia Commerce Court)

Posted on January 22, 2014November 11, 2018 by PA Bad Faith Blog

Plaintiff, wife of the late Philadelphia Flyers player Dmitri Tertyshny, brought suit against the insurer that provided her husband with a disability and accidental death…

PA - Coverage Issues

JANUARY 2014 BAD FAITH CASES: EASTERN DISTRICT DENIES INSURED’S MOTION ON THE PLEADINGS OF INSURER’S BAD FAITH BREACH OF CONTRACT COUNTERCLAIM (Philadelphia Federal)

Posted on January 22, 2014November 11, 2018 by PA Bad Faith Blog

Plaintiff brought suit against its insured concerning subrogation of an employee’s personal injury claim. Plaintiff was self-insured up to $1 million per claim under the…

PA - Sureties

JANUARY 2014 BAD FAITH CASES: PRIMA FACIE EVIDENCE CLAUSE ENFORCED AGAINST PRINCIPAL IN SURETY CASE THAT CONSIDERED STANDARDS FOR BAD FAITH IN SURETY CONTEXT (Chester County)

Posted on January 22, 2014October 23, 2018 by PA Bad Faith Blog

Plaintiff, the surety, brought suit against its principal seeking indemnification for damages paid on the principal’s behalf after issuing a bond for a construction project.…

PA - MVFRL

JANUARY 2014 BAD FAITH CASES: CLAIM CONCERNING FIRST PARTY MEDICAL BENEFITS GOVERNED BY SECTION 1797 OF MVFRL WHICH PRE-EMPTS BAD FAITH CLAIMS (Philadelphia Federal)

Posted on January 4, 2014November 6, 2018 by PA Bad Faith Blog

In Yang v. State Farm Mut. Auto. Ins. Co., the Court found that plaintiff’s claims concerning improper conduct by insurers in paying first party medical…

January 2014
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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)
  • PA – Late notice (6)
  • PA – Law unsettled (28)
  • PA – Limitations Period (79)
  • PA – Litigation Conduct Claims (40)
  • PA – Manuals (28)
  • PA – Mediation (15)
  • PA – MVFRL (48)
  • 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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