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…
Month: January 2022
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…
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…
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…
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…
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…
“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…
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…