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Year: 2022

NJ - General Bad Faith and Litigation Issues

FINAL BLOG POST

Posted on May 27, 2022 by PA Bad Faith Blog

This will be the Pennsylvania and New Jersey Insurance Bad Faith Case Law Blog’s final post. Fineman, Krekstein & Harris partner Jay Barry Harris originated…

PA - Claims Handling (unreasonable)

COMPLAINT ADEQUATELY PLEADS BAD FAITH DENIALS, DELAYS, DILATORY CONDUCT, UNDERVALUATION, IMPROPER CLAIM HANDLING, FAILURES TO INVESTIGATE, AND FAILURE TO CONSIDER EXPERT REPORTS (Philadelphia Federal)

Posted on May 19, 2022 by PA Bad Faith Blog

This case involves first party property damage claims under a homeowners policy, arising from water damage after a hurricane. Ultimately, the insurer did not dispute…

PA - Claims Handling (unreasonable)

BAD FAITH PLEADED WHERE TWO OF THE CARRIER’S ADJUSTERS TOOK OPPOSITE COVERAGE POSITIONS (Western District)

Posted on May 18, 2022 by PA Bad Faith Blog

The insureds suffered damage to their motor home.  They allege that in initially looking of insurance coverage on the motor home, and inquiring with the…

PA - Coverage Issues

BAD FAITH CLAIM ON FIRE LOSS ALLOWED TO PROCEED WHERE COVERAGE IN DISPUTE (Monroe County Court of Common Pleas)

Posted on May 17, 2022 by PA Bad Faith Blog

The excellent Tort Talk Blog has posted a summary of a Monroe County decision, allowing a bad faith claim to proceed past the summary judgment…

NJ - Consumer Fraud Act

ASSERTING EXCLUSION CONTRARY TO INSURED’S REASONABLE EXPECTATIONS NOT A BASIS FOR BAD FAITH (New Jersey Appellate Division)

Posted on May 13, 2022 by PA Bad Faith Blog

In seeking to limit the amount of coverage in this auto accident case, the insurer relied on a policy limitation/exclusion that was seemingly unambiguous. The…

PA - Removal & Remand

BAD FAITH CASE REMANDED WHERE JURISDICTIONAL MINIMUM NOT SHOWN TO A LEGAL CERTAINTY (Western District)

Posted on May 12, 2022 by PA Bad Faith Blog

The insurer removed this breach of contract and bad faith case, and the insured moved to remand on the basis the claims’ value did not…

PA - Attorney's Fees

JUDGE BAYLSON CLARIFIES APPROPRIATE VEHICLES FOR SEEKING ATTORNEY’S FEES, PUNITIVE DAMAGES AND COMPENSATORY DAMAGES (Philadelphia Federal)

Posted on May 11, 2022 by PA Bad Faith Blog

In this case, Philadelphia Federal Judge Baylson reiterates: Claims for breach of an insurance contract do not allow for recovery of attorney’s fees; rather, attorney’s…

PA - UIM/UM Cases

UTPCPL COULD ONLY APPLY TO PRE-CONTRACT CONDUCT, NOT CLAIM HANDLING (Philadelphia Federal)

Posted on May 10, 2022 by PA Bad Faith Blog

The insured did not assert statutory bad faith in this UIM property damage case, but did assert violation of Pennsylvania’s Unfair Trade Practices and Consumer…

Covid-19

NO COVID-19 BUSINESS LOSS COVERAGE DUE = NO BAD FAITH (Middle District)

Posted on April 28, 2022 by PA Bad Faith Blog

Middle District Judge Mariani adopted and supplemented Magistrate Judge Carlson’s Report and Recommendation in this Covid-19 business interruption loss matter.  The R&R concluded that no…

NJ - Rescission

1,900th Post: RESCISSION WARRANTED WHEN INSURED TRANSFERRED PROPERTY TO BUSINESS ENTITY WITHOUT NOTICE TO CARRIER (New Jersey Appellate Division)

Posted on April 27, 2022 by PA Bad Faith Blog

This marks our 1,900th post since 2006.  You can search all of these posts by word, phrase, judge’s name, etc. on the Blog’s search function. …

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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 – Negligence not bad faith (61)
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  • PA – Procedural Issues (126)
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  • 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

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