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Month: November 2016

NJ - Agents and Administrators

NOVEMBER 2016 BAD FAITH CASES: NO BAD FAITH WHERE HIGHER UM/UIM LIMITS ALLEGEDLY NOT EXPRESSLY OFFERED AT THE TIME LIABILITY LIMITS WERE INCREASED (Third Circuit, New Jersey)

Posted on November 22, 2016October 23, 2018 by PA Bad Faith Blog

The insured alleged a breached the implied covenant of good faith and fair dealing in this UM/UIM context. There were 4 putative bases pleaded, all…

PA - Claims Handling (reasonable)

NOVEMBER 2016 BAD FAITH CASES: MISREPRESENTATION ALONE CANNOT VOID POLICY WITHOUT PROOF OF INTENT AND MATERIALITY; ISSUE OF INSURER BAD FAITH IN CLAIMS HANDLING WAS FOR JURY (Philadelphia Federal)

Posted on November 16, 2016October 30, 2018 by PA Bad Faith Blog

This case involved accusations of bad faith running in both directions. The insurer sought to void numerous life insurance policies on the deceased insured, based…

PA - Claims Handling (reasonable)

NOVEMBER 2016 BAD FAITH CASES: NO BAD FAITH FOR FILING DECLARATORY JUDGMENT ACTION; AND WHERE RECORD SHOWS GENUINE INVESTIGATION AND NOT PUTATIVE PREDISPOSITION TOWARD DENIAL (Third Circuit, Pennsylvania) (Not precedential)

Posted on November 14, 2016November 7, 2018 by PA Bad Faith Blog

This non-precedential Third Circuit opinion affirmed the trial court’s opinion granting summary judgment to the insurer on a statutory bad faith claim. (We will not…

PA - Limitations Period

NOVEMBER 2016 BAD FAITH CASES: BAD FAITH CLAIM TIME BARRED WHERE SUIT BROUGHT 4 YEARS AFTER INSURER CLEARLY PROVIDED AN END DATE TO MEDICAL BENEFITS (Middle District)

Posted on November 11, 2016November 7, 2018 by PA Bad Faith Blog

This first party injury case involved an insurer’s demanding independent medical examinations of the insured. The court found that the Motor Vehicle Financial Responsibility Law…

PA - Claims Handling (general)

NOVEMBER 2016 BAD FAITH CASES: ALLOWING REINSURER TO IMPROPERLY HANDLE CLAIM EXPOSES INSURER TO BAD FAITH CLAIMS; REINSURER CANNOT BRING DIRECT CLAIMS AGAINST INSURED FOR REVERSE BAD FAITH OR INSURANCE FRAUD (Western District)

Posted on November 10, 2016April 23, 2022 by PA Bad Faith Blog

This factually complicated case involved reverse bad faith and 18 Pa.C.S. § 4117 insurance fraud claims by an insurer and reinsurer, and bad faith claims…

PA - UTPCPL

NOVEMBER 2016 BAD FAITH CASES: CLAIMS HANDLING CONDUCT IS SUBJECT OF BAD FAITH STATUTE, NOT CONSUMER PROTECTION LAW (Philadelphia Federal)

Posted on November 9, 2016November 7, 2018 by PA Bad Faith Blog

This federal district court was faced with virtually identical claims for the same conduct, one alleging violation of Pennsylvania’s Bad Faith Statute, and the other…

PA - Procedural Issues

NOVEMBER 2016 BAD FAITH CASES: STATUTORY BAD FAITH CLAIM CONSIDERED IN DETERMINING WHETHER DIVERSITY MINIMUM JURISDICTIONAL SUM MET (Philadelphia Federal)

Posted on November 8, 2016November 7, 2018 by PA Bad Faith Blog

The court deemed the $75,000 jurisdictional amount met, even though the insured was only seeking to collect a $28,000 judgment on the contract claim, because…

PA - Punitive Damages

NOVEMBER 2016 BAD FAITH CASES: COURT WOULD NOT REMAND, EVEN WHERE ACTION WAS STARTED AS COMMON PLEAS ARBITRATION, WHERE COMPLAINT MADE CLEAR CLAIM COULD BE OVER $136,000 AND PUNITIVE DAMAGES WERE LEGITIMATELY CONSIDERED (Philadelphia Federal)

Posted on November 7, 2016November 7, 2018 by PA Bad Faith Blog

This bad faith and breach of contract case was removed to federal court by the insurer, and the insured sought remand. The case was originally…

PA - Who is an Insurer?

NOVEMBER 2016 BAD FAITH CASES: BAD FAITH STATUTE ONLY APPLIES TO INSURERS, NOT INSURANCE ADJUSTERS (Philadelphia Federal)

Posted on November 4, 2016November 7, 2018 by PA Bad Faith Blog

The court reiterated that Pennsylvania’s Bad Faith Statute only applies to insurance companies. Thus, insurance adjusters are not subject to the statute. Date of Decision:…

PA - No coverage duty, no bad faith

NOVEMBER 2016 BAD FAITH CASES: BAD FAITH IMPOSSIBLE WHERE INSURER COMPLIED WITH ALL COVERAGE TERMS (Pennsylvania Superior Court) (Not Precedential)

Posted on November 3, 2016October 29, 2018 by PA Bad Faith Blog

In a short unpublished opinion, the Superior Court affirmed a trial court’s finding of no bad faith. The dispute centered around replacement value vs. actual…

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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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