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Category: NJ – No coverage due, no bad faith

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 - 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

DENIAL CANNOT BE IN BAD FAITH WHEN THE INSURED’S COVID-19 COVERAGE CLAIM IS REJECTED (Philadelphia Federal and New Jersey Federal)

Posted on September 27, 2021 by PA Bad Faith Blog
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The following summaries of two recent Covid-19 coverage cases only address the bad faith issues in those cases. We quote the courts’ clear statement of…

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…

Covid-19

NO BAD FAITH POSSIBLE WHERE NO COVERAGE DUE IN THIS COVID-19 CASE (New Jersey Federal)

Posted on August 3, 2021 by PA Bad Faith Blog
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New Jersey Federal Judge Wolfson denied plaintiff coverage in this Covid-19 business loss case.  Judge Wolfson found the policy’s virus exclusion unambiguously applied, denied the…

Covid-19

NO BAD FAITH CLAIM WHERE NO COVERAGE DUE (New Jersey Federal)

Posted on April 23, 2021April 23, 2021 by PA Bad Faith Blog
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This is a New Jersey Covid-19 coverage case.  The insurer rejected business loss coverage for a law firm’s Covid-19 business interruption claims, arguing (1) there…

NJ - Coverage Issues

IF COVERAGE IS NOT DUE, BAD FAITH CLAIM FAILS (New Jersey Federal)

Posted on October 12, 2020October 12, 2020 by PA Bad Faith Blog
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This case involved a professional errors and omissions policy, with a bodily injury exclusion. The carrier denied a defense and indemnification based on this exclusion,…

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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)
  • PA – Limitations Period (79)
  • PA – Litigation Conduct Claims (40)
  • PA – Manuals (28)
  • PA – Mediation (15)
  • PA – MVFRL (48)
  • 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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