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Month: April 2022

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. …

PA - Attorney's Fees

REMAND DENIED ON FACE OF BAD FAITH AND UTPCPL CLAIMS IN COMPLAINT; BUT DISMISSAL FOR FAILING TO PLEAD BAD FAITH; UTPCPL DOES NOT APPLY TO CLAIM HANDLING (Philadelphia Federal)

Posted on April 26, 2022April 26, 2022 by PA Bad Faith Blog

First, Eastern District Judge Padova denied the plaintiff’s motion to remand this UIM breach of contract, bad faith, and Unfair Trade Practices and Consumer Protection…

NJ - Rescission

INSURER MAKES OUT CLAIM FOR EQUITABLE RESCISSION OF POLICY (New Jersey Federal)

Posted on April 25, 2022 by PA Bad Faith Blog

Three months after one its contractors or employees was involved in a child’s death, a nursing agency applied for insurance.  It sought insurance that would…

PA - Claims Handling (general)

CONCLUSORY ALLEGATIONS AND INADEQUATE FACTS CONCERNING INVESTIGATION AND “LOW-BALL” OFFER RESULT IN DISMISSAL OF UIM BAD FAITH CLAIMS (Philadelphia Federal)

Posted on April 22, 2022 by PA Bad Faith Blog

This is a pro se breach of contract, statutory bad faith, and common law contractual bad faith UIM claims, as well as an intentional infliction…

NJ - Claims Handling (reasonable)

NO BAD FAITH WHERE CLAIM HANDLING REASONABLE, AND EXPERT REPORT ON BAD FAITH IS A “NET OPINION” (New Jersey Superior Court, Appellate Division)

Posted on April 21, 2022 by PA Bad Faith Blog

This case addresses the reasonableness of an insurer’s investigation, the timing of what facts are relevant to evaluating coverage denial in the bad faith context,…

PA - No coverage duty, no bad faith

NO COVERAGE DUE = NO BAD FAITH; SOME THOUGHTS ON “INDEPENDENT” STATUTORY BAD FAITH ACTIONS (Philadelphia Federal)

Posted on April 20, 2022April 20, 2022 by PA Bad Faith Blog

Eastern District Judge McHugh found no coverage due in this case.  Addressing bad faith, he then states: Plaintiff cannot succeed on her claim of bad…

PA - Coverage Issues

BAD FAITH CLAIM SURVIVES SUMMARY JUDGMENT AFTER COURT FINDS COVERAGE DUE (Western District)

Posted on April 19, 2022 by PA Bad Faith Blog

The homeowners insurer denied coverage for water damage that it asserted was from excluded foundation seepage.  The insureds brought breach of contract and bad faith…

PA - Coverage Issues

NO COVERAGE DUE UNDER VALID TITLE INSURANCE EXCEPTION MEANS NO BAD FAITH; NO VALID UTPCPL CLAIM STATED (Middle District)

Posted on April 18, 2022 by PA Bad Faith Blog

The insured sued its title insurer for breach of contract, bad faith, and violations of the Unfair Trade Practices and Consumer Protection Law (UTPCPL) among…

PA - Claims Handling (reasonable)

NO BAD FAITH DELAY-IN-PAYMENT CLAIM STATED WHEN, AT MOST, INSURER WAS NEGLIGENT; INSURED’S EXPERT REPORT LACKED BASIS TO CREATE ISSUE OF FACT ON BAD FAITH (Philadelphia Federal)

Posted on April 15, 2022 by PA Bad Faith Blog

This is a delay in payment bad faith case, based on fire damage to a home.  There is no dispute case coverage was due, and…

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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)
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  • PA – Litigation Conduct Claims (40)
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  • 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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