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Month: May 2016

PA - Bifurcate/Sever & Stays

MAY 2016 BAD FAITH CASES: COURT ADDRESSES BIFURCATION OF BAD FAITH CLAIM AND WIDE RANGE OF DISCOVERY ISSUES (Middle District)

Posted on May 20, 2016November 4, 2018 by PA Bad Faith Blog

In Morris v. USAA Casualty Insurance Company, a UIM case, the Court provided a compact opinion addressing a wide range of discovery issues, and a…

PA - No coverage duty, no bad faith

MAY 2016 BAD FAITH CASES: NO BAD FAITH WHERE ALLEGATIONS IN COMPLAINT FALL OUTSIDE SCOPE OF COVERAGE; FAULTY WORK IS NOT AN OCCURRENCE (Philadelphia Federal)

Posted on May 18, 2016October 24, 2018 by PA Bad Faith Blog

In Lenick Construction, Inc. v. Selective Way Insurance Company, the insured brought breach of contract and bad faith claims against the insurer in connection with…

PA - No coverage duty, no bad faith

MAY 2016 BAD FAITH CASES: AN INSURER’S CORRECT INTERPRETATION OF AN INSURANCE POLICY IS A VALID DEFENSE AGAINST BAD FAITH

Posted on May 17, 2016October 28, 2018 by PA Bad Faith Blog

In Darwin National Assurance Company v. Luzerne County Transportation Authority, the Court held that an insurer who correctly denied benefits under an insurance policy did…

PA - Standing, Assignment or Outside Scope

1200th POST —- MAY 2016 BAD FAITH CASES: PARTY INJURED BY INSURED HAS NO STANDING TO BRING BAD FAITH CLAIM AGAINST INSURER BASED ON ALLEGATIONS OF FAILURE TO SETTLE IN GOOD FAITH (Philadelphia Federal)

Posted on May 10, 2016October 24, 2018 by PA Bad Faith Blog

This is our 1200th post summarizing individual bad faith cases since beginning this blog 9 years and 11 months ago. The ongoing presence of bad faith litigation represented…

PA - Federal Pleading Adequate

MAY 2016 BAD FAITH CASES: COURT FINDS FACTUAL ALLEGATIONS IN COMPLAINT CONCERNING NATURE OF BREACH OF CONTRACT MUST BE READ ALONG WITH OTHERWISE CONCLUSORY LEGAL ALLEGATIONS OF BAD FAITH IN RULING ON MOTION TO DISMISS (Middle District)

Posted on May 9, 2016October 30, 2018 by PA Bad Faith Blog

In Linko v. Nationwide Property & Casualty Insurance, the insured alleged he made monthly insurance payments towards insurance on a particular truck, and that he…

NJ - General Bad Faith and Litigation Issues

MAY 2016 BAD FAITH CASES: NO PRIVATE RIGHT OF ACTION UNDER NEW JERSEY’S INSURANCE TRADE PRACTICES ACT OR UNFAIR CLAIMS SETTLEMENT PRACTICE ACT (New Jersey Federal)

Posted on May 8, 2016October 20, 2018 by PA Bad Faith Blog

In GEICO v. Korn, the court addressed what it called a muddled claim that appeared to be for bad faith.  The claim referenced both New…

May 2016
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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 – Choice/Conflict of Law (3)
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  • NJ – Claims Handling (unreasonable) (15)
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  • NJ – Coverage Issues (67)
  • NJ – Damages (2)
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  • NJ – Delay (Insured) (5)
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  • NJ – Discovery and Evidence (22)
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  • 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)
  • 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)
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  • PA – Agents and Administrators (48)
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  • 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)
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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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