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Month: March 2022

PA - Standing, Assignment or Outside Scope

INJURED PARTY HAS NO STANDING TO SUE DEFENDANT’S INSURER FOR BAD FAITH (Western District)

Posted on March 31, 2022 by PA Bad Faith Blog

The underlying plaintiff settled her state court suit, and the defendant’s insurer issued a settlement check for $100,422.47. Plaintiff never deposited the check, taking the…

NJ - Attorney Client Privilege

PRIMARY CARRIER MUST PROVIDE DEFENSE COUNSEL’S ATTORNEY-CLIENT COMMUNICATIONS AND WORK PRODUCT TO EXCESS CARRIER IN BAD FAITH SUIT BETWEEN THOSE TWO CARRIERS (New Jersey Federal)

Posted on March 30, 2022 by PA Bad Faith Blog

A primary insurer brings an assigned bad faith claim against an excess insurer for not paying an excess verdict.  This opinion addresses discovery disputes over…

PA - Claims Handling (unreasonable)

OFFERING 15% OF UIM POLICY LIMIT DEMAND 17 MONTHS AFTER INITIAL DEMAND STATES BAD FAITH CLAIM HANDLING ACTION; UTPCPL CLAIM DISMISSED (Middle District)

Posted on March 29, 2022 by PA Bad Faith Blog

The UIM bad faith plaintiff pleaded sufficient facts to survive a motion to dismiss her bad faith claim.  Her Unfair Trade Practices and Consumer Protection…

PA - Agents and Administrators

AGENT’S MISREPRESENTATIONS CAN BE ATTRIBUTED TO THE INSURED IN WEIGHING CARRIER’S RIGHT TO RESCISSION OR REFORMATION (Philadelphia Federal)

Posted on March 28, 2022April 23, 2022 by PA Bad Faith Blog

This case addresses insurance contract rescission/reformation for alleged knowing material misrepresentations, among other legal issues. Philadelphia Federal Judge Kearney observes that insurers may rescind their…

PA - Common Law Bad Faith (contractual or fiduciary basis)

BAD FAITH CLAIM TIME-BARRED ABSENT INSURED HAVING PRESENTED NEW FACTS AFTER INITIAL DENIAL (Western District)

Posted on March 23, 2022 by PA Bad Faith Blog

The carrier refused to defend or indemnify its insured against an underlying tort suit.  The insured sought declaratory relief, and claimed breach of contract and…

PA - Claims Handling (general)

BAD FAITH AMENDMENT DENIED WHERE LOWBALL SETTLEMENT OFFER NOT ADEQUATELY PLEADED (Philadelphia Federal)

Posted on March 21, 2022 by PA Bad Faith Blog

The insured wanted to amend his Uninsured Motorist breach of contract complaint to add a bad faith claim, on the basis that the insurer acted…

PA - Claims Handling (reasonable)

INSURED FAILED TO ADEQUATELY PLEAD BAD FAITH BASED UPON DELAY IN PAYMENT (Philadelphia Federal)

Posted on March 17, 2022 by PA Bad Faith Blog

In this pro se underinsured motorist bad faith case, the court observes that the insured failed to respond to the motion to dismiss, and pleaded…

Covid-19

EXPERT CANNOT TESTIFY ON ULTIMATE LEGAL ISSUES OF REASONABLENESS OR BAD FAITH (Philadelphia Federal)

Posted on March 16, 2022 by PA Bad Faith Blog

This COVID-19 coverage case, involving an All-Risk business policy, had been allowed to proceed under a reasonable expectations theory.  The insured obtained an expert report…

PA - UIM/UM Cases

NO PRIVATE ACTION UNDER UIPA; UTPCPL DOES NOT ENCOMPASS FAILURE TO PAY INSURANCE CLAIMS (Philadelphia Federal)

Posted on March 15, 2022March 15, 2022 by PA Bad Faith Blog

In this underinsured motorist case, the insured brought claims for breach of contract, bad faith, unjust enrichment, violation of the Unfair Insurance Practices Act (UIPA)…

PA - Federal Pleading Inadequate

CONCLUSORY ALLEGATIONS INADEQUATE TO PLEAD BAD FAITH; NO UTPCPL CAUSE OF ACTION FOR CLAIM HANDLING (Western District)

Posted on March 14, 2022 by PA Bad Faith Blog

The insureds’ motor home was damaged when a tree fell and its roof and water damage ensued.  The carrier denied coverage and the insureds sued…

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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)
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  • 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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