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Category: PA – Damages

PA - Claims Handling (reasonable)

POTENTIAL BAD FAITH FOR DEMANDING RELEASE OF BAD FAITH CLAIMS; BAD FAITH NOT ADEQUATELY PLEADED AS TO INVESTIGATION, DELAY, OR “LOW-BALL” OFFER (Philadelphia Federal)

Posted on April 14, 2022 by PA Bad Faith Blog
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Two underinsured motorist plaintiffs agreed to a high-low arbitration with their carrier.  One agreed to a $5,000 – $65,000 range and the other to a…

PA - Claims Handling (general)

BAD FAITH CLAIM PLAUSIBLY STATED FOR INSURER FORCING A CLAIM INTO LITIGATION WHEN IT ALLEGEDLY KNEW POLICY LIMITS WERE DUE AND REFUSED TO PAY THEM (Western District)

Posted on September 30, 2021October 1, 2021 by PA Bad Faith Blog
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Plaintiff successfully stated a bad faith claim in this underinsured motorist case. Plaintiff alleged serious injuries, lost earnings and earning capacity, and emotional injuries. The…

PA - Claims Handling (unreasonable)

BAD FAITH CLAIM BARELY STATED BASED ON ALLEGED FAILURES TO INVESTIGATE, DELAY, AND LOW VALUATION, TAKEN IN THEIR TOTALITY (Middle District)

Posted on April 5, 2021 by PA Bad Faith Blog
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This is a breach of contract and bad faith first party property damage claim.  The court denied the insurer’s motion to dismiss the bad faith…

PA - Claims Handling (reasonable)

NO BAD FAITH WHERE INSURED FAILS TO PLEAD BREACH OF CONTRACT; INSURED CAN’T DICTATE MANNER OF INVESTIGATION (Western District)

Posted on March 16, 2021 by PA Bad Faith Blog
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The insured suffered a fire loss and asserted the carrier’s actual cash value estimate was unreasonably low.  It brought breach of contract and bad faith…

PA - Claims Handling (reasonable)

DEFENSE VERDICT FOR INSURER AFFIRMED; NO BAD FAITH BASED ON ALLEGED LOW-BALL OFFERS OR CLAIM HANDLING (Pennsylvania Superior Court) (Non-precedential)

Posted on March 10, 2021March 10, 2021 by PA Bad Faith Blog
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This fact-driver UIM bad faith case resulted in a non-jury verdict for the insurer.  Pennsylvania’s Superior Court affirmed. [This is the second non-precedential Superior Court…

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 - Claims Handling (reasonable)

SIMPLE VALUATION DISPUTE CANNOT CREATE BAD FAITH; NO ACTIONABLE BAD FAITH AGAINST CLAIM HANDLER; MIXED RESULT UNDER UTPCPL (Philadelphia Federal)

Posted on December 29, 2020 by PA Bad Faith Blog
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The insured brought suit over a $500 valuation dispute.  The carrier valued the insured’s car at $2,500 ($3,000 less at $500 deductible), and repairs were…

PA - Damages

If you want to get an overview on the law of removal and remand in bad faith cases, this is the case for you.

Posted on August 12, 2020August 12, 2020 by PA Bad Faith Blog
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Eastern District Judge Marston reviews three lines of U.S. Supreme Court and Third Circuit precedent in determining when, and whether, the burden of proof in…

PA - Agents and Administrators

DENYING COVERAGE AFTER REPRESENTATIVES CONFIRMED COVERAGE IS BASIS FOR BAD FAITH (Western District)

Posted on June 16, 2020June 16, 2020 by PA Bad Faith Blog
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In this case, the insured made a water damage claim, as well as claims for roof damages. She hired a public adjuster to pursue the…

PA - Claims Handling (unreasonable)

PLAINTIFFS ADEQUATELY PLEAD DELAY, INADEQUATE INVESTIGATION, AND LACK OF COMMUNICATION TO SUPPORT BAD FAITH CLAIM (Philadelphia Federal)

Posted on April 30, 2020 by PA Bad Faith Blog
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This is one of the few recent cases finding that a bad faith plaintiff met federal pleading standards, surviving a motion to dismiss. In this…

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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 – 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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