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Category: PA – ERISA Preemption

PA - Common Law Bad Faith (contractual or fiduciary basis)

AUGUST 2018 BAD FAITH CASES: ERISA PREEMPTS GOOD FAITH AND FAIR DEALING CLAIM (Philadelphia Federal)

Posted on August 21, 2018January 24, 2021 by PA Bad Faith Blog
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The court analogized a breach of the implied covenant of good faith and fair dealing to a bad faith claim, in finding such claims preempted…

PA - ERISA Preemption

DECEMBER 2016 BAD FAITH CASES: ANOTHER EXAMPLE OF ERISA PRE-EMPTION (Philadelphia Federal)

Posted on December 29, 2016October 29, 2018 by PA Bad Faith Blog
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Once more, a court found that ERISA pre-empted statutory bad faith claims. Date of Decision:  November 17, 2016 Erica A. Shore, P.C. v. Independence Blue…

PA - ERISA Preemption

DECEMBER 2016 BAD FAITH CASES: COURT EXPLAINS BASIS FOR ERISA PRE-EMPTION (Philadelphia Federal)

Posted on December 24, 2016November 8, 2018 by PA Bad Faith Blog
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The Court went over the Third Circuit’s case law history to explain why ERISA pre-empts section 8371 bad faith claims. Date of Decision: August 1,…

PA - ERISA Preemption

DECEMBER 2016 BAD FAITH CASES: ERISA PRE-EMPTS BAD FAITH CLAIMS INVOLVING BREACH OF ALLEGED SETTLEMENT AGREEMENT, REACHED TO RESOLVE PRIOR INSURANCE DISPUTE OVER PAYMENTS UNDER ERISA HEALTH PLAN (Philadelphia Federal)

Posted on December 19, 2016October 30, 2018 by PA Bad Faith Blog
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In this ERISA health plan case, the insurer had offered to freeze premiums for a substantial period of time to settle an earlier dispute over…

PA - ERISA Preemption

APRIL 2016 BAD FAITH CASES: ERISA PRE-EMPTS STATUTORY BAD FAITH CLAIM WHERE INSURANCE AT ISSUE WAS AN ERISA PLAN (Philadelphia Federal)

Posted on April 26, 2016November 11, 2018 by PA Bad Faith Blog
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The court found that ERISA pre-empted the plaintiff’s state law bad faith claims, whether brought under Pennsylvania or Georgia law. The bad faith claim was…

PA - ERISA Preemption

FEBRUARY 2016 BAD FAITH CASES: ERISA DID NOT PREEMPT BAD FAITH CLAIM, AND THUS REMOVAL WAS IMPROPER (Philadelphia Federal)

Posted on February 14, 2016October 30, 2018 by PA Bad Faith Blog
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In Fitzsimmons v. Aetna, Inc., the federal court found that ERISA did not preempt the alleged bad faith claims, and thus removal was improper. Date…

PA - ERISA Preemption

JANUARY 2016 BAD FAITH CASES: BENEFICIARY’S CLAIMS FOR BAD FAITH AND PUNITIVE DAMAGES PREEMPTED BY ERISA (Third Circuit – Pennsylvania)

Posted on January 29, 2016October 30, 2018 by PA Bad Faith Blog
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In Malishka v. MetLife, the insured brought suit against the insurer, claiming that the insurer improperly denied the insured’s life insurance benefits claim following her…

PA - ERISA Preemption

MAY 2015 BAD FAITH CASES: NO BAD FAITH WHERE NO BREACH OF OBLIGATION TO PAY BENEFITS; FEGLI PRE-EMPTS STATE BAD FAITH LAW (Western District)

Posted on May 20, 2015November 7, 2018 by PA Bad Faith Blog
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In Hajdu v. Metropolitan Life Insurance Company, the court found: “Since, as a matter of law, [the insurer] did not breach the FEGLI contract by…

PA - Agents and Administrators

APRIL 2015 BAD FAITH CASES: BAD FAITH CLAIM PREEMPTED BY ERISA AS TO INSURER (Middle District)

Posted on April 13, 2015November 4, 2018 by PA Bad Faith Blog
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In the court’s first decision in Hayes v. Reliance Standard Life Insurance Company, the insured’s bad faith claim against the insurer was preempted by ERISA. …

PA - ERISA Preemption

MARCH 2015 BAD FAITH CASES: ERISA PREEMPTION DEFENSE SUFFICIENT TO SET ASIDE DEFAULT ON STATE LAW CLAIMS (Middle District)

Posted on March 10, 2015November 4, 2018 by PA Bad Faith Blog
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In Davis v. Metro. Life Ins. Co., the insured brought claims for breach of contract, breach of the implied covenant of good faith and fair…

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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
  • NJ – Attorney's Fees (29)
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  • NJ – Negligence not bad faith (15)
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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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