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Month: January 2022

PA - No coverage duty, no bad faith

BAD FAITH CLAIM CANNOT SURVIVE FINDING THAT NO COVERAGE IS DUE (Middle District)

Posted on January 28, 2022 by PA Bad Faith Blog

The insured was sued for personal injury damages arising out of a motor vehicle accident.  The carrier declined coverage.  The insured and personal injury plaintiff…

Covid-19

NO COVERAGE DUE = NO BAD FAITH; LIMITED VOLUNTARY PAYMENTS UNDER A RESERVATION OF RIGHTS NOT BASIS FOR BAD FAITH (Philadelphia Federal, applying New Jersey law)

Posted on January 21, 2022 by PA Bad Faith Blog

This Philadelphia Federal Court decision addressed breach of contract and bad faith claims under New Jersey law.  The parties had agreed that this property damage…

PA - Claims Handling (reasonable)

BAD FAITH CLAIM TIME-BARRED; CONCLUSORY ALLEGATIONS INSUFFICIENT TO PLEAD BAD FAITH; INSURER HAS NO AFFIRMATIVE DUTY TO INFORM AN INSURED ABOUT A CHANGE IN THE LAW YEARS AFTER CLAIM DENIAL (Philadelphia Federal)

Posted on January 20, 2022 by PA Bad Faith Blog

The carrier denied an uninsured motor vehicle claim based upon the household exclusion.  Over four years later, the insured brought suit in light of the…

NJ - Insurance Fair Conduct Act

NEW JERSEY ADOPTS INSURANCE FAIR CONDUCT ACT FOR UNINSURED AND UNDERINSURED MOTORIST CLAIMS

Posted on January 19, 2022January 19, 2022 by PA Bad Faith Blog

Three and a half years ago, we reported on the New Jersey Senate proposal for the Insurance Fair Conduct Act (IFCA).  A link with our…

PA - Claims Handling (reasonable)

NO BAD FAITH WHERE NO COVERAGE DUE; ACTIVE INVESTIGATION DISPROVES BAD FAITH; INSURERS CAN REASONABLY RELY ON ENGINEERING EXPERTS (Western District)

Posted on January 18, 2022 by PA Bad Faith Blog

The claim involves property losses to a hydroponic organic farming operation, where the event causing the loss was in dispute.  Both parties engaged experts to…

PA - Experts

BAD FAITH EXPERT TESTIMONY ADMISSIBLE IN FEDERAL COURT, SO LONG AS HE DID NOT USE THE LANGUAGE OF LEGAL CONCLUSIONS IN TESTIFYING (Philadelphia Federal)

Posted on January 6, 2022 by PA Bad Faith Blog

Applying Daubert, Eastern District Judge John Gallagher permitted the plaintiff’s bad faith expert to testify in this bad faith case. Qualifications First, the court found…

PA - No coverage duty, no bad faith

NO BAD FAITH POSSIBLE FOR COVERAGE DENIAL CLAIM WHERE NO COVERAGE IS DUE (Western District)

Posted on January 5, 2022 by PA Bad Faith Blog

“Although the fact-specific nature of a bad faith claim may render its dismissal at the Rule 12(b)(6) state inappropriate in some circumstances, it is well-established…

PA - Coverage Issues

BAD FAITH CANNOT EXIST WHERE INSURER’S ACTIONS WERE REASONABLE, EVEN IF CONTRACT POTENTIALLY BREACHED (Philadelphia Federal)

Posted on January 4, 2022January 4, 2022 by PA Bad Faith Blog

In this unusual case, the insured wanted a $75,000 property damage policy.  The carrier mistakenly issued a policy with $750,000 limits, at higher premiums. The…

January 2022
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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)
  • 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)
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  • 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

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