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Month: January 2019

PA - Attorney Client Privilege

TWO THINGS WITH THE SAME NAME DO NOT MAKE THEM THE SAME: PENNSYLVANIA STATE CASE LAW ON THE WORK PRODUCT DOCTRINE NOT APPLICABLE IN FEDERAL COURT (Philadelphia Federal)

Posted on January 31, 2019February 19, 2019 by PA Bad Faith Blog

Magistrate Judge Wells addressed the difference between the federal and Pennsylvania work product doctrines in this federal UIM bad faith case. Under the Federal Rules…

PA - Claims Handling (general)

STATUTORY BAD FAITH CLAIMS REQUIRE DENIAL OF A BENEFIT, AND THERE IS NO CAUSE OF ACTION SOLELY FOR POOR CLAIMS HANDLING ABSENT A DENIAL (Philadelphia Federal)

Posted on January 30, 2019February 27, 2020 by PA Bad Faith Blog

This is one of the few cases directly to take on the issue of whether statutory bad faith can exist where the insurer has not…

NJ - Bifurcate/Sever & Stays

NEW JERSEY FEDERAL COURT OBSERVES ORDERS TO SEVER AND STAY BAD FAITH CLAIMS ARE COMMON IN NEW JERSEY STATE AND FEDERAL COURTS (New Jersey Federal)

Posted on January 23, 2019 by PA Bad Faith Blog

The carrier successfully moved to sever and stay plaintiff’s bad faith claim. The case involved a CGL policy, and the carrier’s refusal to defend and…

PA - Claims Handling (general)

SUBJECTIVE BELIEF THAT ALLEGED BREACH OF POLICY WAS DONE IN BAD FAITH IS INADEQUATE WITHOUT OBJECTIVE FACTUAL ALLEGATIONS TO SUPPORT UNREASONABLE CONDUCT (Middle District)

Posted on January 17, 2019January 17, 2019 by PA Bad Faith Blog

The District Court adopted the Magistrate Judge’s Report and Recommendation that the bad faith case be dismissed without prejudice, with an opportunity to re-plead. As…

PA - Bifurcate/Sever & Stays

Split in the Courts on Severance and Stays in UIM Bad Faith Cases

Posted on January 16, 2019February 19, 2019 by PA Bad Faith Blog

Dan Cummins of the excellent Tort Talk Blog has provided the latest on the split in opinions on granting or denying severance and stays in the…

PA - Coverage Issues

A THIRD PARTY CANNOT CREATE A DUTY TO DEFEND SIMPLY BY PLEADING THE DEFENDANT HAD INSURANCE COVERAGE, WHERE THE FACTS AND CONTROLLING POLICY LANGUAGE SHOW NO COVERAGE (Philadelphia Federal)

Posted on January 16, 2019 by PA Bad Faith Blog

The insured’s boyfriend was at a family reunion with his daughter. The boyfriend was listed as an additional driver on the policy. His daughter went…

NJ - Reverse Bad Faith

INSUREDS HAVE A DUTY OF CANDOR IN POST-LOSS INVESTIGATION AND CANNOT MISREPRESENT MATERIAL FACTS (New Jersey Appellate Division)

Posted on January 11, 2019 by PA Bad Faith Blog

In this case, the New Jersey Appellate Division provides a detailed analysis of the notice requirements due from insured to insurer in UIM cases, where…

PA - Claims Handling (unreasonable)

SUMMARY JUDGMENT MOTION PREMATURE WHERE FACTS ON WHO CAUSED UNDERLYING ACCIDENT, AND CARRIER’S DECISION ON CAUSATION, WERE STILL SUBJECT TO INCOMPLETE DISCOVERY

Posted on January 10, 2019 by PA Bad Faith Blog

In this UIM bad faith case, the insured’s complaint alleged that the claim history showed the other driver was at fault, and the other driver’s…

PA - Experts

INSURERS DO NOT AUTOMATICALLY ACT IN BAD FAITH BY RELYING ON THEIR OWN EXPERT’S CONCLUSIONS INSTEAD OF THE INSURED’S EXPERTS (Middle District)

Posted on January 8, 2019January 8, 2019 by PA Bad Faith Blog

The insured claimed it was bad faith for the insurer to rely upon its medical expert’s opinion rather than the insured’s medical experts. The court…

PA - UTPCPL

CONSUMER PROTECTION LAW STATUTE DOES NOT APPLY TO POST-POLICY CLAIM HANDLING (Western District)

Posted on January 3, 2019 by PA Bad Faith Blog

In this case, Magistrate Judge Mitchell outlines the scope of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) in relation to Pennsylvania’s Insurance Bad…

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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)
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  • 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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