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Month: March 2019

PA - Claims Handling (general)

SUPREME COURT ACCEPTS APPEAL IN BERG V. NATIONWIDE ON WHETHER SUPERIOR COURT ABUSED ITS DISCRETION IN REWEIGHING EVIDENCE (Pennsylvania Supreme Court)

Posted on March 30, 2019 by PA Bad Faith Blog

Of the thousands of statutory bad faith cases since section 8371’s creation, Berg v. Nationwide stands at the top of the list. The case started…

PA - Federal Pleading Inadequate

COURT REFUSES TO RECONSIDER RULING THAT DISPUTE OVER VALUATION ALONE CANNOT SERVE AS THE FOUNDATION OF A BAD FAITH CLAIM (Middle District)

Posted on March 29, 2019March 29, 2019 by PA Bad Faith Blog

On February 11, 2019, Middle District Judge Richard Caputo dismissed the insured’s bad faith claim for solely pleading conclusory allegations without sufficient factual allegations to…

NJ - Claims Handling (general)

NO BAD FAITH WHERE SCOPE OF DAMAGES IS FAIRLY DEBATABLE; NO CFA CLAIMS FOR DENIAL OF INSURANCE BENEFITS (New Jersey Federal)

Posted on March 27, 2019 by PA Bad Faith Blog

This Superstorm Sandy case involved a $400,000 discrepancy in damage estimates between the insured’s and insurer’s adjustors. The court found a material issue of fact…

NJ - Consumer Fraud Act

NO SEPARATE CLAIM FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING IF IDENTICAL TO BREACH OF CONTRACT CLAIM (New Jersey Federal)

Posted on March 21, 2019March 27, 2019 by PA Bad Faith Blog

This New Jersey federal case involved allegations the insurer underpaid benefits without adequate explanation, and without considering payments required under state law. The case eventually…

PA - Claims Handling (unreasonable)

DISTRICT JUDGE LEESON ISSUES TWO OPINIONS DEMONSTRATING THE DIFFERENCE BETWEEN WELL-PLEADED vs. CONCLUSORY BAD FAITH COMPLAINTS (Philadelphia Federal)

Posted on March 19, 2019 by PA Bad Faith Blog

In these two UIM cases, Eastern District Judge Joseph F. Leeson, Jr. addressed motions to dismiss bad faith claims. In Krantz v. Peerless, he dismissed…

PA - Coverage Issues

BAD FAITH CLAIM SURVIVES MOTION TO DISMISS WHERE DEFENSE AND INDEMNIFICATION MAY BE DUE FOR FAULTY PRODUCT CLAIM (Western District)

Posted on March 18, 2019 by PA Bad Faith Blog

This case involves an Indalex type claim where an insured’s defectively manufactured product causes damage to other property when used in a construction project. In this…

PA - Claims Handling (reasonable)

AN INSURER DOES NOT ACT IN BAD FAITH WHEN IT DOES NOT BREACH A DUTY TO DEFEND OR INDEMNIFY, EVEN WHEN DENIAL IS BASED ON LATE NOTICE (Western District)

Posted on March 14, 2019March 14, 2019 by PA Bad Faith Blog

This case involves two bases for coverage denials: (1) late notice resulting in prejudice, and (2) first party claims are not covered under a commercial…

PA - Federal Pleading Adequate

COURT STATES THAT COMMON SENSE MUST BE USED IN APPLYING TWOMBLY/IQBAL STANDARDS TO MOTIONS TO DISMISS BAD FAITH CLAIMS (Philadelphia Federal)

Posted on March 13, 2019 by PA Bad Faith Blog

This case involves a motion to dismiss the insured’s bad faith claim. In carrying out the analysis under Twombly/Iqbal, Judge Kenney states that a “Court…

PA - Attorney's Fees

STATUTORY ATTORNEY’S FEES AND CONTINGENCY ENHANCEMENTS (Philadelphia Federal)

Posted on March 7, 2019 by PA Bad Faith Blog

The case at hand did not involve statutory bad faith, but relied on one of the Third Circuit’s leading bad faith cases, Polselli v. Nationwide…

PA - Discovery and Evidence

COURTS IN THE THIRD CIRCUIT DISFAVOR DISCOVERY OF SIMILAR CLAIMS EVIDENCE IN BAD FAITH CASES (Western District)

Posted on March 6, 2019 by PA Bad Faith Blog

Plaintiff served an interrogatory asking the insurer to identify all bad faith suits in which it was involved for the preceding 10 years. The insurer…

March 2019
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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
  • NJ – Attorney's Fees (29)
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  • NJ – Choice/Conflict of Law (3)
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  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
  • NJ – Experts (13)
  • NJ – Federal Pleading Adequate (12)
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  • 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)
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  • PA – Agents and Administrators (48)
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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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