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Month: February 2019

PA - Federal Pleading Inadequate

BAD FAITH PLAINTIFFS MUST PLEAD SPECIFIC FACTS OR SEE THEIR CLAIM DISMISSED (Philadelphia Federal)

Posted on February 27, 2019 by PA Bad Faith Blog

In this UIM bad faith case, the court sets out a clear mandate to plead specific facts if a plaintiff intends to survive a motion to…

PA - Federal Pleading Inadequate

JUDGE CAPUTO’S METHODOLOGY FOR ANALYZING BAD FAITH PLEADINGS FOR THOSE WHO MISSED WEDNESDAY’S POST BECAUSE OF THE WEATHER

Posted on February 22, 2019February 22, 2019 by PA Bad Faith Blog

Here is a link to Wednesday’s post, which goes over three opinions Middle District Judge Richard Caputo issued last week dismissing bad faith claims.  The method…

PA - Claims Handling (reasonable)

NO BAD FAITH WHERE REFUSAL TO MEET INSURED’S PAYMENT DEMAND IS JUSTIFIED BY EXPRESS POLICY LANGUAGE (Philadelphia Federal)

Posted on February 21, 2019February 21, 2019 by PA Bad Faith Blog

The insurer successfully obtained summary judgment despite its continued refusal to reimburse its insured the sum actually paid to repair property damage. The policy covered fire damage to…

PA - Estimates, Valuation or Appraisal

JUDGE CAPUTO DISMISSES THREE BAD FAITH CASES AFTER STRIPPING AWAY CONCLUSORY ALLEGATIONS (Middle District)

Posted on February 20, 2019 by PA Bad Faith Blog

We have summarized well over 40 opinions issued by the Honorable Richard Caputo since this Blog’s inception in June of 2006. There is no question…

PA - Estimates, Valuation or Appraisal

(1) LARGE DISCREPANCY BETWEEN INSURED’S SETTLEMENT DEMAND AND INSURER’S OFFER OR (2) REFUSING POLICY LIMITS DEMAND, DO NOT BY THEMSELVES CONSTITUTE BAD FAITH (Philadelphia Federal)

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

This UIM case involved breach of contract, common law bad faith, statutory bad faith, and Unfair Trade Practices and Consumer Protection Law (UTPCPL) claims. The…

PA - Discovery and Evidence

COURT ADDRESSES DISCOVERY RE: (1) RESERVES (2) OTHER CLAIMS/DISPUTES; (3) CLAIM LOGS; (4) CLAIM STATUS REPORTS; (5) POLICY AND PROCEDURE MANUALS; (6) EMPLOYEE INCENTIVES; (7) ANTICIPATION OF LITIGATION/WORK PRODUCT; AND (8) OVERBROAD DISCOVERY LANGUAGE (Middle District)

Posted on February 18, 2019 by PA Bad Faith Blog

This case addresses a number of discovery issues in this first party benefit denial breach of contract and bad faith case. RESERVES (BAD FAITH ON…

PA - Limitations Period

NO NEW BAD FAITH ACTS ALLEGED THAT COULD RE-START THE STATUTE OF LIMITATIONS PERIOD (Philadelphia Federal)

Posted on February 12, 2019May 16, 2019 by PA Bad Faith Blog

This case addresses when a bad faith cause of action accrues, or can be re-started, for statute of limitations purposes. The bad faith statute of…

PA - Attorney's Fees

COURT OUTLINES PRINCIPLES FOR REMOVING BAD FAITH CLAIMS TO FEDERAL COURT (Philadelphia Federal)

Posted on February 7, 2019 by PA Bad Faith Blog

Federal Judge Mitchell S. Goldberg sets out useful examples and principles concerning removal of statutory bad faith claims to federal court. The issue in these…

PA - UIPA & UCSP

UIPA ALLEGATIONS PERMITTED IN PLEADING STATUTORY BAD FAITH (Philadelphia Federal)

Posted on February 6, 2019 by PA Bad Faith Blog

Plaintiff pleaded violations of six sections of the Unfair Insurance Practices Act (UIPA) in support of its statutory bad faith claims. The plaintiff specifically prefaced…

PA - Claims Handling (reasonable)

NO BAD FAITH WHERE (1) NO EVIDENCE OF BAD FAITH OFFERED AND (2) NO COVERAGE DUE UNDER A POLICY EXCLUSION (Philadelphia Federal)

Posted on February 5, 2019February 5, 2019 by PA Bad Faith Blog

An “entrustment” exclusion precluded coverage in this property damage case. After the court’s lengthy analysis reaching this conclusion, it addressed the insured’s bad faith claims.…

February 2019
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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)
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  • NJ – Claims Handling (unreasonable) (15)
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  • NJ – Coverage Issues (67)
  • NJ – Damages (2)
  • NJ – Declaratory Judgment (12)
  • NJ – Delay (Insured) (5)
  • NJ – Delay (Investigation/Claims handling) (14)
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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)
  • NJ – Sureties (3)
  • NJ – Sworn Statement/EUO (3)
  • NJ – UIM/UM Cases (18)
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  • PA – Agents and Administrators (48)
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  • PA – Common Law Bad Faith (contractual or fiduciary basis) (159)
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  • PA – Damages (17)
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  • PA – Delay (Insured) (41)
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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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