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Category: NJ – Reverse Bad Faith

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
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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. …

NJ - Rescission

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

Posted on April 25, 2022 by PA Bad Faith Blog
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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…

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…

NJ - Claims Handling (general)

NO BAD FAITH WHERE COVERAGE AND CLAIM HANDLING CONDUCT WERE “FAIRLY DEBATABLE”; CFA INAPPLICABLE TO COVERAGE CLAIMS (New Jersey Federal)

Posted on August 19, 2021 by PA Bad Faith Blog
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This case involves a fire damage claim to plaintiffs’ home.  This was the seventh fire in plaintiffs’ home.  The carrier denied coverage based on various…

NJ - Claims Handling (unreasonable)

BAD FAITH CLAIMS STATED FOR (1) INVESTIGATION NOT WARRANTING COVERAGE DENIAL AND (2) REPORTING INSURED TO COUNTY PROSECUTORS UNDER INSURANCE FRAUD PREVENTION ACT (New Jersey Federal)

Posted on July 19, 2021July 19, 2021 by PA Bad Faith Blog
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The carrier denied long-term health benefits to the insured, based on its investigation that revealed two facts indicating the insured was not as incapacitated as…

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POLICY RESCINDED FOR MATERIAL MISREPRESENTATION; NO BAD FAITH WHERE COVERAGE FAIRLY DEBATABLE (New Jersey Federal)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

NJ - Claims Handling (reasonable)

INSUREDS HAD ONGOING DUTY TO COOPERATE, AND TO PROVIDE DOCUMENTS AND SUBMIT TO EXAMINATION UNDER OATH IN THIRD PARTY CASE, EVEN AFTER SETTLEMENT (New Jersey Federal)

Posted on October 13, 2020May 7, 2021 by PA Bad Faith Blog
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The insureds were attorneys sued by an insurance carrier. The insured attorneys sought coverage from their own professional liability carrier, and the malpractice carrier asserted…

NJ - Reverse Bad Faith

BROKER AND POLICYHOLDER FACE POTENTIAL LIABILITY UNDER NEW JERSEY’S INSURANCE FRAUD PREVENTION ACT (New Jersey Federal)

Posted on February 28, 2020 by PA Bad Faith Blog
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The insurer sued to void two life insurance policies on the basis they were obtained through fraudulent statements and omissions. It also sought relief under New…

NJ - Agents and Administrators

SANCTIONS AGAINST INSURED REVERSED WHERE INSURER DID NOT SHOW INSURED’S BAD FAITH IN BRINGING FAILED LITIGATION AGAINST INSURER (New Jersey Appellate Division) (Unpublished)

Posted on October 10, 2019 by PA Bad Faith Blog
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In this case, New Jersey’s Appellate Division affirmed the dismissal and grant of summary judgment to the insurer on all claims, but reversed the trial…

NJ - Claims Handling (general)

TRIAL COURT ERRED GRANTING JUDGMENT ON FRAUD CLAIM TO VOID THE POLICY AT THE END OF PLAINTIFF’S CASE (New Jersey Appellate Division)

Posted on August 15, 2019 by PA Bad Faith Blog
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This case focuses on procedural issues and burdens of proof at trial, concerning whether the insured’s alleged fraud during an investigation was grounds to void…

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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)
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  • NJ – Damages (2)
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  • NJ – Delay (Insured) (5)
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  • NJ – Discovery and Evidence (22)
  • NJ – ERISA Preemption (7)
  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
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  • NJ – Federal Pleading Adequate (12)
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  • 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)
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  • 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)
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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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