AUGUST 2018 BAD FAITH CASES: ERISA PREEMPTS GOOD FAITH AND FAIR DEALING CLAIM (Philadelphia Federal)
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…
Category: PA – ERISA Preemption
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…
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,…
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…
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…
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…
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…
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…
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. …
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…