Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog

Skip to content
Menu
  • Home
  • About This Blog
  • Disclaimer
  • Privacy Policy
  • Searching this Blog

Month: September 2018

PA - Common Law Bad Faith (contractual or fiduciary basis)

SEPTEMBER 2018 BAD FAITH CASES: NO COMMON LAW BAD FAITH WHERE NO BREACH OF CONTRACT (Philadelphia Federal)

Posted on September 28, 2018October 20, 2018 by PA Bad Faith Blog

In this disability insurance case, the court held that because the insurer did not breach the policy terms, “it cannot be liable for [common law]…

PA - Federal Pleading Adequate

SEPTEMBER 2018 BAD FAITH CASES: COURT FINDS BAD FAITH ALLEGATIONS SUFFICIENT TO SURVIVE MOTION TO DISMISS (Middle District)

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

The homeowner insured was using an excavator to do work on his property, and damaged utility lines owned by a third party. Reviewing the complaint…

PA - Bifurcate/Sever & Stays

SEPTEMBER 2018 BAD FAITH CASES: MOTION TO SEVER AND STAY UIM BAD FAITH CLAIMS DENIED (Blair County Common Pleas)

Posted on September 20, 2018November 8, 2018 by PA Bad Faith Blog

As we have noted before, the excellent Tort Talk Blog keeps close tabs on post-Koken motions to sever and stay UIM bad faith claims. In…

PA - Attorney's Fees

SEPTEMBER 2018 BAD FAITH CASES: OUTRAGEOUSLY EXCESSIVE FEE PETITION RESULTS IN DENIAL OF ALL FEES; 10 FACTORS TO CONSIDER IN EVALUATING A FEE PETITION (Third Circuit, Pennsylvania Bad Faith Statute)

Posted on September 18, 2018November 13, 2018 by PA Bad Faith Blog

In this unusual case, the trial court entirely denied a successful bad faith plaintiff attorney’s fees petition, and the Third Circuit affirmed. On appeal, the…

PA - General Bad Faith and Litigation Issues

SEPTEMBER 2018 BAD FAITH CASES: BAD FAITH LAW DOES NOT APPLY TO CLAIM THAT INSURER TOOK EXCESSIVE PREMIUMS; BAD FAITH MUST BE PREDICATED ON CLAIM UNDER THE POLICY (Philadelphia Federal)

Posted on September 17, 2018November 13, 2018 by PA Bad Faith Blog

The insureds alleged the insurer took excessive premiums. The court found such claims were not subject to Pennsylvania’s Bad Faith Statute since there was no…

PA - Bifurcate/Sever & Stays

SEPTEMBER 2018 BAD FAITH CASES: UIM BAD FAITH CLAIM SEVERED, BUT DISCOVERY TO PROCEED (Luzerne County Common Pleas)

Posted on September 14, 2018October 30, 2018 by PA Bad Faith Blog

The excellent Tort Talk Blog has posted a recent Luzerne County Common Pleas decision, severing a UIM bad faith claim from the breach of contract claim,…

PA - Coverage Issues

SEPTEMBER 2018 BAD FAITH CASES: NO BAD FAITH WHERE CARRIER’S DECISIONS BASED ON REASONABLE POLICY INTERPRETATION (Philadelphia Federal)

Posted on September 13, 2018November 4, 2018 by PA Bad Faith Blog

In this case, involving a debris removal policy provision, the court dismissed the bad faith claim. There was no averment that the carrier lacked a…

NJ - Rescission

SEPTEMBER 2018 BAD FAITH CASES: INSURED’S FRAUD ON SMALL FRACTION OF TOTAL CLAIM RESULTS IN FORFEITURE OF ALL SUMS PAID, UNDER BOTH PENNSYLVANIA COMMON LAW AND NEW JERSEY STATUTORY LAW (Philadelphia Federal)

Posted on September 12, 2018April 23, 2022 by PA Bad Faith Blog

The insurer sought damages and rescission under Pennsylvania common law and New Jersey’s Insurance Fraud Prevention Act. There was a fire at the insured’s New…

PA - Communication with insured

SEPTEMBER 2018 BAD FAITH CASES: COURT DISMISSES AMENDED COMPLAINT WITH PREJUDICE, AFTER GIVING INSURED ANOTHER OPPORTUNITY TO PLEAD AN ACTIONABLE BAD FAITH CLAIM (Middle District)

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

In some contrast with today’s earlier post, this district court reiterated its prior legal restatement of bad faith law, that in addition to coverage denial…

PA - No coverage duty, no bad faith

SEPTEMBER 2018 BAD FAITH CASES: WHERE NO DEFENSE DUE COURT MUST DISMISS BAD FAITH CLAIM (Philadelphia Federal)

Posted on September 11, 2018August 13, 2019 by PA Bad Faith Blog

The court found there was no duty to defend under a title insurance policy. Citing the seminal Frog Switch case, the court observed: “Importantly, where…

Posts navigation

Page 1 Page 2 Next Page
September 2018
M T W T F S S
 12
3456789
10111213141516
17181920212223
24252627282930
« Aug   Oct »

Search

Archives

  • ►2022
    • May
    • April
    • March
    • February
    • January
  • ►2021
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2020
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2019
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2018
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2017
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2016
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2015
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2014
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2013
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2012
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2011
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2010
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2009
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2008
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • April
    • March
    • February
    • January
  • ►2007
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2006
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January

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

Subscribe by Email

Signup to receive e-mail notifications about future blog posts.


 

© Copyright 2023 – Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog
Wisteria Theme by WPFriendship ⋅ Powered by WordPress