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Author: PA Bad Faith Blog

PA - Experts

JANUARY 2006 BAD FAITH CASES
DEFENSE EXPERT QUALIFIED TO TESTIFY ON MATTERS THAT GO TO PRESENCE OR ABSENCE OF BAD FAITH, THOUGH NOT ON ULTIMATE LEGAL ISSUE OF BAD FAITH (Western District)

Posted on January 31, 2006November 10, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Insurance Company, the U.S. District Court for the Western District of Pennsylvania denied in part and granted in…

PA - Agents and Administrators

JANUARY 2006 BAD FAITH CASES
NO BAD FAITH WHERE AGENT HONESTLY MISTAKEN, NO ILL WILL, CARRIER INVESTIGATED & “BOARDED” CLAIM & NEGOTIATED WITHIN REASONABLE INSURANCE PRACTICES (Western District)

Posted on January 31, 2006November 10, 2018 by PA Bad Faith Blog

In Hartman v. Motorists’ Mutual Insurance Company, the insured suffered property damages from a leaking furnace.  The carrier agreed to cover some property losses, but…

PA - Claims Handling (general)

JANUARY 2006 BAD FAITH CASES
POST DENIAL-OF-COVERAGE INVESTIGATION CAN NOT BE USED TO DEFEND AGAINST INSURED’S BAD FAITH CLAIM (Philadelphia Federal)

Posted on January 31, 2006November 13, 2018 by PA Bad Faith Blog

The insurer filed a breach of contract and fraud action against a policy holder arising out of a fire.  The United States District Court for…

PA - Attorney's Fees

JANUARY 2006 BAD FAITH CASES
RETAINING VALUATION EXPERT IN CASE IS NOT EVIDENCE OF POST-LITIGATION BAD FAITH CONDUCT (Western District)

Posted on January 31, 2006November 10, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Insurance Company, plaintiff loss payee sued its insurer, seeking payment under an insurance policy issued to a mining…

PA - Litigation Conduct Claims

JANUARY 2006 BAD FAITH CASES
ISSUING RESERVATION OF RIGHTS LETTER DID NOT ESTABLISH BASIS FOR POST-LITIGATION BAD FAITH CLAIM (Philadelphia Federal)

Posted on January 31, 2006November 13, 2018 by PA Bad Faith Blog

Plaintiff sought leave to amend the complaint to add various averments of material fact, as well as claims for post-litigation bad faith conduct. Specifically, plaintiff…

PA - Coverage Issues

JANUARY 2006 BAD FAITH CASES
BAD FAITH CLAIM NOT BARRED BY “INTENTIONAL DISCRIMINATION” EXCLUSION, WHICH DOES NOT APPLY TO CLAIMS FOR VICARIOUS LIABILITY (Middle District)

Posted on January 31, 2006November 13, 2018 by PA Bad Faith Blog

The issue was whether an insurer breached a policy by failing to provide a defense in a lawsuit alleging that the agents and employees of…

PA - Discovery and Evidence

JANUARY 2006 BAD FAITH CASES
DISPUTING CAUSATION IN CONNECTION WITH UIM THIRD PARTY CLAIM, WHILE PAYING BENEFITS UNDER FIRST PARTY CLAIM, NOT PER SE EVIDENCE OF BAD FAITH (Superior Court)

Posted on January 31, 2006November 6, 2018 by PA Bad Faith Blog

In Pantelis v. Erie Insurance Exchange, plaintiff was injured in a single-vehicle accident, resulting in her insurance paying first-party medical benefits to her.  Three months…

PA - Attorney's Fees

JANUARY 2006 BAD FAITH CASES
COURT DETERMINES AWARD OF ATTORNEYS’ FEES, NOT JURY (Western District)

Posted on January 31, 2006November 10, 2018 by PA Bad Faith Blog

In Gallatin Fuels, Inc. v. Westchester Fire Insurance Company, plaintiff loss payee sued its insurer, seeking payment under an insurance policy issued to a mining…

PA - MVFRL

JANUARY 2006 BAD FAITH CASES
BAD FAITH STATUTE PRE-EMPTED BY CLAIM FOR FIRST-PARTY BENEFITS CLAIM UNDER MVFRL, BUT NOT PREEMPTED BY CLAIM FOR LOST WAGES UNDER THE MVFRL (Philadelphia Federal)

Posted on January 31, 2006November 13, 2018 by PA Bad Faith Blog

An injured motorist sought first-party medical benefits and lost wages from her automobile insurance carrier.  The Federal District Court was presented with a Motion to…

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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 – 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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