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Month: March 2017

NJ - Claims Handling (unreasonable)

MARCH 2017 BAD FAITH CASES: NO BAD FAITH WHERE NO COVERAGE DUE (New Jersey Appellate Division)

Posted on March 31, 2017November 7, 2018 by PA Bad Faith Blog

This case involved a denial of coverage on the basis that the insured failed to get his car physically inspected after purchase. The court affirmed…

PA - Claims Handling (unreasonable)

MARCH 2017 BAD FAITH CASES: DELAYS IN APPRAISAL PROCESS COULD CONSTITUTE BAD FAITH (Philadelphia Federal)

Posted on March 30, 2017October 31, 2018 by PA Bad Faith Blog

This case involved a significant homeowner loss that was ultimately subject to the policy’s appraisal process. Facing a one-year suit limitation, the insureds filed breach…

PA - Federal Pleading Adequate

MARCH 2017 BAD FAITH CASES: COMPLAINT ADEQUATE WHERE INSURED PLEADED THAT INSURER MADE UNREASONABLE SETTLEMENT OFFER, IGNORED SETTLEMENT DEMANDS, AND FAILED TO EXPLAIN LOW SETTLEMENT OFFER (Middle District)

Posted on March 29, 2017October 24, 2018 by PA Bad Faith Blog

In this uninsured motorist case, the insured asserted bad faith and pleaded, among other things, that the insurer provided an unreasonable settlement offer instead of…

PA - Bifurcate/Sever & Stays

MARCH 2017 BAD FAITH CASES: COURT WOULD NOT BIFURCATE BAD FAITH CLAIMS FROM THE COVERAGE ACTION (Philadelphia Federal)

Posted on March 28, 2017October 30, 2018 by PA Bad Faith Blog

The insurer sought to bifurcate the insured’s bad faith claim from its coverage claim. The crux of the insurer’s argument was that the bad faith…

PA - Claims Handling (unreasonable)

MARCH 2017 BAD FAITH CASES: COURT DENIES CARRIER SUMMARY JUDGMENT ON VOIDING POLICY FOR FRAUD, AND DENIES BOTH PARTIES’ MOTIONS ON BAD FAITH CLAIM BECAUSE NUMEROUS ISSUES REMAINED OPEN FOR FACT-FINDERS, INCLUDING LITIGATION CONDUCT CLAIMS (Western District)

Posted on March 27, 2017November 13, 2018 by PA Bad Faith Blog

The insured, as an administrator of the estate of his son, filed suit against the insurer. His son was injured by a drunk driver, and…

PA - Claims Handling (unreasonable)

MARCH 2017 BAD FAITH CASES: BAD FAITH CLAIM SUFFICIENT WHERE PLAINTIFF PLEADED SEVERE INJURY AND DAMAGES IN EXCESS OF $300,000 POLICY LIMIT, AND, AT MOST, INSURER OFFERED $7,500 NEARLY FOUR YEARS AFTER THE ACCIDENT (Philadelphia Federal)

Posted on March 24, 2017November 13, 2018 by PA Bad Faith Blog

The insured pleaded that he was severely injured in an automobile hit and run. He had multiple surgeries and was still disabled and completely unemployed…

PA - Claims Handling (reasonable)

MARCH 2017 BAD FAITH CASES: FINEMAN, KREKSTEIN & HARRIS OBTAINS SIGNIFICANT VICTORY FOR INSURER IN DEFEATING UIM BAD FAITH CLAIM AT TRIAL IN PHILADELPHIA’S COMMERCE COURT (Philadelphia Commerce Program)

Posted on March 23, 2017November 7, 2018 by PA Bad Faith Blog

In a bad faith case that actually went to trial, in Philadelphia’s Commerce Court, Fineman, Krekstein & Harris won a finding in favor of the…

PA - No coverage duty, no bad faith

MARCH 2017 BAD FAITH CASES: BAD FAITH CLAIMS ARE PREDICATED ON A DENIAL OF BENEFITS (Western District)

Posted on March 22, 2017October 23, 2018 by PA Bad Faith Blog

This dispute arose after an insurer denied underinsured motorist coverage to its insured. The Insured later sued for breach of contract and for violations of…

PA - Coverage Issues

MARCH 2017 BAD FAITH CASES: SPLIT IN RELEVANT CASE LAW IS NOT AN ABSOLUTE DEFENSE TO A BAD FAITH INTERPRETATION OF POLICY LANGUAGE CLAIM, AS REASONABLENESS REMAINS THE MEASURE (Philadelphia Federal)

Posted on March 21, 2017October 25, 2018 by PA Bad Faith Blog

The interesting part of this case involved the court’s subtle distinction when lack of clarity in the relevant case law on how to interpret the insurance policy…

PA - Claims Handling (general)

MARCH 2017 BAD FAITH CLAIMS: COURT LEFT OPEN POSSIBILITY OF BAD FAITH CLAIM ON THEORY THAT INSURER DID NOT FOLLOW THE “MAKE WHOLE” RULE BEFORE SEEKING SUBROGATION (Western District)

Posted on March 20, 2017November 13, 2018 by PA Bad Faith Blog

The insured’s claim for coverage had three aspects: (1) claims that were covered and paid; (2) claims that were not covered; and (3) disputed coverage…

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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)
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  • PA – UIM/UM Cases (390)
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  • PA – Who is an Insurer? (32)
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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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