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Category: NJ – Coverage Issues

NJ - Consumer Fraud Act

ASSERTING EXCLUSION CONTRARY TO INSURED’S REASONABLE EXPECTATIONS NOT A BASIS FOR BAD FAITH (New Jersey Appellate Division)

Posted on May 13, 2022 by PA Bad Faith Blog
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In seeking to limit the amount of coverage in this auto accident case, the insurer relied on a policy limitation/exclusion that was seemingly unambiguous. The…

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
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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,…

Covid-19

NO BAD FAITH POSSIBLE WHEN COVID-19 COVERAGE IS FAIRLY DEBATABLE (New Jersey Federal)

Posted on February 22, 2022 by PA Bad Faith Blog
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This case involves a putative class action for Covid-19 business interruption loss coverage.  Plaintiff sued for breach of contract after coverage was denied, and later…

NJ - Coverage Issues

POLICY VOIDED FOR MISREPRESENTATION, AND COVERAGE EXCLUDED IN ANY EVENT; BAD FAITH CLAIM BECOMES MOOT (New Jersey Federal)

Posted on February 2, 2022April 23, 2022 by PA Bad Faith Blog
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The insured purchased watercraft insurance on a boat.  During the application process, the insured represented his boat was solely used for pleasure purposes, and was…

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
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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…

NJ - Attorney's Fees

NO FIRST PARTY PROPERTY LOSS BAD FAITH ALLEGED UNDER NEW JERSEY LAW, AND NO CLAIMS ADEQUATELY PLED FOR BREACH OF FIDUCIARY DUTY, CFA VIOLATIONS, PUNITIVE DAMAGES OR ATTORNEY’S FEES (New Jersey Federal)

Posted on December 29, 2021 by PA Bad Faith Blog
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“Where breach of the implied covenant of good faith and fair dealing claims lack a distinct factual predicate, courts may dismiss them at the motion…

NJ - Coverage Issues

NO COVERAGE DUE = NO BAD FAITH POSSIBLE (New Jersey Federal)

Posted on December 21, 2021 by PA Bad Faith Blog
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After finding no coverage due, New Jersey Federal Judge Martini made quick work of the insured’s bad faith claim: “Finally, Plaintiffs’ claim for bad faith…

Covid-19

TWO BAD FAITH OPINIONS BY NEW JERSEY DISTRICT JUDGE HILLMAN: (CASE 1) CLAIM ADEQUATELY PLEADED, MOTION TO SEVER AND STAY DENIED (CASE 2) NO COVID-19 COVERAGE DUE = NO BAD FAITH (New Jersey Federal)

Posted on September 28, 2021 by PA Bad Faith Blog
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This post summarizes two bad faith opinions issued by New Jersey District Judge Hillman in September. CASE 1 – FIRST PARTY PROPERTY BAD FAITH CLAIM…

Covid-19

NO COVERAGE DUE FOR COVID-19 LOSSES IN LIGHT OF VIRUS EXCLUSIONS, AND THUS NO BAD FAITH POSSIBLE (New Jersey Federal – two cases)

Posted on August 20, 2021 by PA Bad Faith Blog
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Today’s post addresses two recent cases where New Jersey federal judges held Covid-19 business loss claims barred by insurance policy virus exclusions. Case 1 (Judge…

NJ - Agents and Administrators

POLICY RESCINDED FOR MATERIAL MISREPRESENTATION; NO BAD FAITH WHERE COVERAGE FAIRLY DEBATABLE (New Jersey Federal)

Posted on June 14, 2021April 23, 2022 by PA Bad Faith Blog
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The carrier sought to void a life insurance policy on the basis of material misrepresentation. The beneficiary brought counterclaims for breach of contract and bad…

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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 – Release of bad faith claim (12)
  • PA – Removal & Remand (98)
  • PA – Rescission (32)
  • PA – Reservation of Rights (23)
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  • 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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