OCTOBER 2017 BAD FAITH CASES: APPLYING CALIFORNIA LAW, MOTION TO DISMISS DENIED WHERE ALLEGATIONS SUPPORT BREACH OF CONTRACT, BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, AND TORTIOUS BREACH OF THE IMPLIED COVENANT CLAIMS (Philadelphia Federal)

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This action is similar to other life insurance litigation recently before Judge Pappert.  This case was determined under California law. The insureds had flexible premium…

MARCH 2016 BAD FAITH CASES: PHILADELPHIA COURT (1) APPLIES PENNSYLVANIA LAW TO STATUTORY BAD FAITH CLAIM AFTER CONDUCTING CHOICE OF LAW ANALYSIS; (2) FINDS GENUINE ISSUE OF MATERIAL FACT EXISTED AS TO WHETHER INSURER’S CLAIMS HANDLING OVER PAYMENTS OF DEFENSE COUNSEL FEES AMOUNTED TO BAD FAITH; (3) DISMISSES INSURED’S BREACH OF FIDUCIARY DUTY CLAIM AFTER FINDING IT WAS REDUNDANT OF BAD FAITH CLAIM (Philadelphia Commerce Court)

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In IMS Health Inc. v. Zurich American Insurance Company, the insured brought action against its insurer.  Suit previously had been filed in Philadelphia’s federal district…

AUGUST 2015 BAD FAITH CASES: COURT FINDS THAT SUBSTANTIVE LAWS OF NEW YORK APPLY BASED ON CHOICE OF FORUM CLAUSE IN POLICY, EVEN THOUGH NEW YORK, UNLIKE PENNSYLVANIA (1) DOES NOT RECOGNIZE ACTION FOR BAD FAITH DENIAL OF INSURANCE CLAIMS AND (2) DOES NOT REQUIRE INSURED HAVE SCIENTIR FOR INSURER TO SEEK RESCISSION (Western District)

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In H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., the insured and the insurer sought a declaration from the Court as to the insurer’s…