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Category: PA – Attorney’s Fees

PA - Attorney's Fees

JUDGE BAYLSON CLARIFIES APPROPRIATE VEHICLES FOR SEEKING ATTORNEY’S FEES, PUNITIVE DAMAGES AND COMPENSATORY DAMAGES (Philadelphia Federal)

Posted on May 11, 2022 by PA Bad Faith Blog
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In this case, Philadelphia Federal Judge Baylson reiterates: Claims for breach of an insurance contract do not allow for recovery of attorney’s fees; rather, attorney’s…

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
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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…

PA - Attorney's Fees

NO AUTOMATIC RIGHT TO ATTORNEY’S FEES FOR INSURED WINNING DECLARATORY JUDGMENT ACTION, ABSENT BAD FAITH (Philadelphia Federal)

Posted on November 19, 2021November 23, 2021 by PA Bad Faith Blog
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An insurer brought a declaratory judgment action, asking court to find no defense or indemnity due the insured.  The insured successfully obtained summary judgment in…

PA - Attorney's Fees

COURT DENIES REMAND BASED ON POTENTIAL PUNITIVE DAMAGE AND ATTORNEY’S FEE AWARDS (Middle District)

Posted on July 30, 2021 by PA Bad Faith Blog
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Middle District Judge Mannion denied the insurer’s motion to remand this UIM bad faith case.  The plaintiff had $15,000 in UIM coverage, which was eventually…

PA - Attorney's Fees

THE ROLE OF BAD FAITH IN AN EQUITABLE SUBROGATION CASE (Third Circuit – Pennsylvania Law)

Posted on May 13, 2021April 23, 2022 by PA Bad Faith Blog
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In this case, the Third Circuit addresses the elements of equitable subrogation between insurers, a useful opinion for coverage counsel dealing with insurer vs. insurer…

PA - Attorney's Fees

INSURER HAD STANDING AS ASSIGNEE TO BRING BAD FAITH CLAIM AGAINST ADDITIONAL INSURANCE PROVIDER; BAD FAITH CLAIM ADEQUATELY STATED FOR FAILURE TO PROVIDE FIRST LEVEL OF COVERAGE AND A DEFENSE UNDER ADDITIONAL INSURED ENDORSEMENT (Philadelphia Federal)

Posted on March 22, 2021 by PA Bad Faith Blog
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This case involves a dispute between a defendant’s own insurer and another carrier obligated to provide coverage to defendant as an additional insured.  The issues…

PA - Attorney's Fees

SUPERIOR COURT AFFIRMS TRIAL COURT’S BAD FAITH VERDICT, AND ITS REFUSAL TO AWARD PUNITIVE DAMAGES (Superior Court of Pennsylvania) (Non-precedential)

Posted on February 17, 2021February 17, 2021 by PA Bad Faith Blog
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After a non-jury trial, the Blair County Court of Common Pleas found the insurer violated the bad faith statute, and awarded statutory damages in the…

PA - Attorney's Fees

Over One Million Dollars Awarded in Bad Faith Damages (Lehigh Common Pleas)

Posted on October 20, 2020 by PA Bad Faith Blog
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The excellent Tort Talk Blog posted today on Judge Melissa T. Pavlack’s bad faith ruling in Unterberg v. Mercury Insurance Company. Judge Pavlack awarded $900,000…

PA - Attorney's Fees

NO BAD FAITH WHERE NO DUTY TO DEFEND; COURT ADDRESSES RESERVATION OF RIGHTS LETTERS AND ESTOPPEL (Philadelphia Federal)

Posted on October 20, 2020 by PA Bad Faith Blog
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This case involves attorney malpractice insurance, and when a carrier is estopped from denying coverage for failing to issue a timely reservation of rights letter.…

PA - Attorney's Fees

INSURED SETS OUT BAD FAITH DELAY CLAIM, AS WELL AS CLAIM FOR ATTORNEY’S FEES (Philadelphia Federal)

Posted on February 5, 2020 by PA Bad Faith Blog
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This UIM case involved a claim for full policy limits, amounting to $45,000. The insured alleged serious permanent injuries. Over two years passed from the…

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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)
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  • 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)
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  • 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)
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  • PA – UIM/UM Cases (390)
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  • PA – Underwriting (14)
  • PA – UTPCPL (53)
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  • 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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