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: December 2018

PA - MVFRL

MVFRL PRE-EMPTED INSURED’S BAD FAITH CLAIMS FOR BENEFITS, BUT INSURED ALLOWED TO AMEND IF SHE COULD PLEAD ABUSE OF PRO PROCESS (Middle District)

Posted on December 28, 2018 by PA Bad Faith Blog

The magistrate judge recommended dismissing the alleged section 8371 bad faith claims, but further recommended allowing the insured to amend her claim to plead abuse…

PA - Claims Handling (reasonable)

DECEMBER 2018 BAD FAITH CASES: FAILURE TO DESCRIBE ACTUAL BAD FAITH TACTICS, DATES CONNECTED TO DELAYS, DEFICIENCIES IN CLAIM HANDLING, OR DISHONEST INVESTIGATION UNDERMINE BAD FAITH CLAIMS (Philadelphia Federal)

Posted on December 27, 2018 by PA Bad Faith Blog

This UIM bad faith case involved the insurer’s refusal to pay based on whether a college-aged child was a “resident relative” under her parents’ policy.…

PA - Claims Handling (reasonable)

DECEMBER 2018 BAD FAITH CASES: REJECTING POLICY LIMITS DEMAND, STANDING ALONE, IS NOT EVIDENCE OF BAD FAITH ABSENT UNREASONABLE AND INTENTIONAL UNDERVALUATION (Middle District)

Posted on December 20, 2018November 27, 2019 by PA Bad Faith Blog

This case has been affirmed on appeal. The Third Circuit’s opinion can be found here. In this UIM bad faith case, the insured asserted that…

PA - Federal Pleading Inadequate

DECEMBER 2018 BAD FAITH CASES: THREE MIDDLE DISTRICT OPINIONS FIND CONCLUSORY ALLEGATIONS CANNOT MAKE OUT A BAD FAITH CASE (Middle District)

Posted on December 19, 2018 by PA Bad Faith Blog

Three recent Middle District opinions, decided between December 10-12, 2018, found the insureds’ bad faith pleadings constituted conclusory allegations that had to be dismissed under…

NJ - Claims Handling (reasonable)

DECEMBER 2018 BAD FAITH CASES: NO BAD FAITH WHERE CARRIER’S SETTLEMENT OFFERS ARE BASED ON THIRD PARTY EVALUATION, AND ANY DELAYS WERE CREATED BY INSURED (New Jersey Appellate Division)

Posted on December 18, 2018December 18, 2018 by PA Bad Faith Blog

This first party bad faith case centered on damage to plaintiff’s automobile. The insured claimed the carrier knowingly failed to tender the true value of…

PA - Claims Handling (unreasonable)

DECEMBER 2018 BAD FAITH CASES: INSURED ADEQUATELY ALLEGES BAD FAITH BASED UPON HIS SUPPLYING A FULL RANGE OF INFORMATION SUPPORTING HIS INJURIES, DAMAGES AND CAUSATION (Western District)

Posted on December 17, 2018December 18, 2018 by PA Bad Faith Blog

The court found the insured adequately pleaded a statutory bad faith claim in this UIM case, based on claim handling. The insured allegedly suffered serious…

PA - Procedural Issues

DECEMBER 2018 BAD FAITH CASES: COURT REFUSES TO JOIN UNDERLYING STATE COURT NEGLIGENCE WITH FEDERAL ACTION FOR BREACH OF POLICY AND BAD FAITH (Western District)

Posted on December 14, 2018 by PA Bad Faith Blog

The insured-plaintiff attempted to join her underlying state court negligence action with her UIM bad faith and breach of contract federal action against her insurer.…

PA - Bifurcate/Sever & Stays

DECEMBER 2018 BAD FAITH CASES: JUDGE BAYLSON DENIES MOTION TO SEVER AND STAY BAD FAITH CLAIM IN UIM CASE, CITING AND DISTINGUISHING HIS AND OTHER PRIOR PRECEDENTS (Philadelphia Federal)

Posted on December 12, 2018December 14, 2018 by PA Bad Faith Blog

The insurer moved to sever and stay the plaintiffs’ UIM bad faith claim. In ruling against the insurer, Judge Baylson reviewed four cases he has…

PA - Claims Handling (unreasonable)

DECEMBER 2018 BAD FAITH CASES: BAD FAITH CLAIMS STATED BASED ON UNREASONABLE INTERPRETATION OF POLICY EXCLUSIONS, AND PURSUIT OF DECLARATORY JUDGMENT PROCESS BEFORE ULTIMATELY SETTLING (Western District)

Posted on December 6, 2018December 6, 2018 by PA Bad Faith Blog

The underlying suit involved negligence claims concerning a sexual assault by the insured’s father against others. The insurer defended under a reservation of rights, and…

PA - Claims Handling (reasonable)

DECEMBER 2018 BAD FAITH CASES: NO BAD FAITH WHERE NO COVERAGE DUE, CLAIMS HANDLING WAS REASONABLE, AND BAD FAITH DISCOVERY WAS NOT PURSUED (Middle District)

Posted on December 4, 2018 by PA Bad Faith Blog

The insurer denied disability benefits because the source of plaintiff’s amputation was diabetes, rather than injury. The insured brought breach of contract and bad faith…

Posts navigation

Page 1 Page 2 Next Page
December 2018
M T W T F S S
 12
3456789
10111213141516
17181920212223
24252627282930
31  
« Nov   Jan »

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