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Month: June 2018

NJ - Consumer Fraud Act

NEW JERSEY SENATE PASSES STATUTORY BAD FAITH BILL — OR WILL SOME SAY IT IS AN INSURER NEGLIGENCE BILL?

Posted on June 21, 2018January 19, 2022 by PA Bad Faith Blog

On June 7, 2018, New Jersey’s Senate passed New Jersey Senate Bill 2144, the New Jersey Insurance Fair Conduct Act (IFCA). In its current form,…

PA - No coverage duty, no bad faith

JUNE 2018 BAD FAITH CASES: WHERE THERE IS NO OCCURRENCE THERE IS NO DUTY TO DEFEND OR INDEMNIFY, AND SO NO WAY TO PROVE A KNOWING OR RECKLESS DISREGARD OF A REASONABLE BASIS TO DENY COVERAGE (Third Circuit, Pennsylvania law)

Posted on June 20, 2018October 23, 2018 by PA Bad Faith Blog

In May 2016, the trial court granted the insurer summary judgment on coverage because faulty construction work did not constitute an occurrence, ultimately relying on…

NJ - Claims Handling (unreasonable)

JUNE 2018 BAD FAITH CASES: ALLEGING REFUSAL TO (1) REINSPECT LATER DISCOVERED DAMAGES, AND (2) PAY LEGALLY BINDING APPRAISAL AWARD, SUFFICIENT TO SUPPORT BAD FAITH CLAIM (District of New Jersey)

Posted on June 19, 2018October 31, 2018 by PA Bad Faith Blog

The insured alleged that she “purchased an ‘all risk insurance policy’ from [the insurer], which covered [the insured’s] home and personal property, including coverage for…

PA - Bifurcate/Sever & Stays

JUNE 2018 BAD FAITH CASES: SEVERANCE AND STAY GRANTED IN UIM BAD FAITH CASE

Posted on June 15, 2018October 19, 2018 by PA Bad Faith Blog

The Tort Talk Blog has posted a recent Luzerne County decision where the court severed and stayed a UIM Bad Faith Claim.  This excellent blog…

NJ - ERISA Preemption

JUNE 2018 BAD FAITH CASES: NEW JERSEY FEDERAL JUDGE REITERATES THAT ERISA PRE-EMPTS COMMON LAW BAD FAITH CLAIMS (District of New Jersey)

Posted on June 12, 2018November 2, 2018 by PA Bad Faith Blog

Federal District Judge Wolfson recently issued two opinions in which the court reiterates that ERISA pre-empts New Jersey common law insurance bad faith claims. Dates…

NJ - Coverage Issues

JUNE 2018 BAD FAITH CASES: WHEN INSURER PROPERLY PAYS WHAT IS DUE UNDER POLICY LANGUAGE, BAD FAITH CLAIM NOT PLAUSIBLE (District of New Jersey)

Posted on June 11, 2018November 13, 2018 by PA Bad Faith Blog

The insureds’ water heater leaked resulting in $8,654 in water damage and $66,415 in mold damage. The insurer paid the $8,654, but only paid $10,000…

PA - General Bad Faith and Litigation Issues

JUNE 2018 BAD FAITH CASES: BERG BAD FAITH DECISION RE-CONFIRMED SIX DAYS AFTER ITS WITHDRAWAL (Pennsylvania Superior Court)

Posted on June 8, 2018November 8, 2018 by PA Bad Faith Blog

On May 31, 2018, the Superior Court’s April 9, 2018, 2-1 decision reversing the trial court’s $21 Million award in Berg v. Nationwide was withdrawn, after the…

PA - Delay (Investigation/Claims handling)

BACK TO BASICS: SO WHAT IS BAD FAITH?

Posted on June 5, 2018November 5, 2018 by PA Bad Faith Blog

We’ve recently posted summaries of five federal district court bad faith opinions, issued between May 15 and May 23, 2018. These opinions all include some…

June 2018
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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)
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  • 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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