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Month: July 2017

PA - Limitations Period

JULY 2017 BAD FAITH CASES: STATUTE OF LIMITATIONS NOT TOLLED BY SETTLEMENT NEGOTIATIONS (Philadelphia Common Pleas)

Posted on July 31, 2017October 24, 2018 by PA Bad Faith Blog

In this case, the Philadelphia Court of Common Pleas Judge stated that the two year bad faith statute of limitations began to run with the…

NJ - Claims Handling (general)

JULY 2017 BAD FAITH CASES: SETTLING AND EXHAUSTING POLICY LIMITS AS TO LESS THAN ALL INSUREDS PERMISSIBLE IF REASONABLE AND DONE IN GOOD FAITH (New Jersey Law Division)

Posted on July 29, 2017November 13, 2018 by PA Bad Faith Blog

An interesting New Jersey 2016 trial court opinion on settling for less than all insureds. As the court framed the issue: Did the insurer have…

PA - Coverage Issues

JULY 2017 BAD FAITH CASES: BAD FAITH CLAIM DISMISSED WHERE PLAINTIFF FAILED TO PROVIDE SPECIFIC FACTUAL ALLEGATIONS (Philadelphia Federal)

Posted on July 26, 2017November 13, 2018 by PA Bad Faith Blog

In this UIM based action, the Plaintiff sued his alleged insurer after being injured in a Florida motorcycle accident. He incurred over $3,000,000 in medical…

PA - Coverage Issues

JULY 2017 BAD FAITH CASES: CLEAR POLICY LANGUAGE SUPPORTED PLAINTIFFS’ BAD FAITH CLAIM (Philadelphia Federal)

Posted on July 19, 2017November 13, 2018 by PA Bad Faith Blog

After purchasing a new car, the insureds were involved in an accident with an uninsured motor vehicle. The insureds tendered a claim for UIM benefits…

PA - Claims Handling (reasonable)

JULY 2017 BAD FAITH CASES: NO BAD FAITH WHERE INSURER’S DENIAL WAS BASED ON AN EXPLICIT AND CLEAR POLICY EXCLUSION, AND CONFUSION OVER NATURE OF CLAIM DID NOT CONSTITUTE BAD FAITH (Philadelphia Federal)

Posted on July 12, 2017October 30, 2018 by PA Bad Faith Blog

In this case, the plaintiff leased office space to the insured for day-to-day use. In exchange for a rent reduction, the insured agreed to store…

PA - No coverage duty, no bad faith

JULY 2017 BAD FAITH CASES: SUMMARY JUDGMENT ON CONTRACT CLAIM MEANT INSURER’S DENIAL WAS REASONABLE, AND MANDATED SUMMARY JUDGMENT ON BAD FAITH CLAIMS (Western District)

Posted on July 11, 2017November 2, 2018 by PA Bad Faith Blog

In this case, the court previously had denied a motion to dismiss the statutory bad faith claim. The matter was now before the court on…

PA - Claims Handling (reasonable)

JULY 2017 BAD FAITH CASES: NO BAD FAITH WHERE INSURER’S DENIAL WAS BASED ON A REASONABLE INVESTIGATION (Middle District)

Posted on July 10, 2017November 2, 2018 by PA Bad Faith Blog

The insured and insurer were in a dispute over what caused damage to the insured’s home. The insurer sent out an independent engineer for two…

NJ - Agents and Administrators

JULY 2017 BAD FAITH CASES: INSURER ONLY OWES FIDUCIARY DUTY IN LIMITED CIRCUMSTANCES, AND ORDINARY CONTRACT DISPUTE CANNOT CREATE THAT DUTY (New Jersey Federal)

Posted on July 6, 2017October 23, 2018 by PA Bad Faith Blog

This case involved a detailed three-year history concerning a dispute over what coverage the insured paid for, wanted or had. There were no claims against…

PA - Limitations Period

JULY 2017 BAD FAITH CASES: COURT DECLINES TO CONSIDER MERITS OF ASSIGNED BAD FAITH CLAIM BECAUSE STATUTE OF LIMITATIONS HAD RUN (Western District)

Posted on July 5, 2017November 7, 2018 by PA Bad Faith Blog

In 2007, the insured was involved in a motor vehicle accident, injuring another driver. The injured party filed a negligence action against the insured. The…

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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 – 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)
  • 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)
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  • NJ – Sworn Statement/EUO (3)
  • NJ – UIM/UM Cases (18)
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  • PA – Agents and Administrators (48)
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  • 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)
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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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