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Category: PA – Federal Pleading Inadequate

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 - Claims Handling (general)

CONCLUSORY ALLEGATIONS AND INADEQUATE FACTS CONCERNING INVESTIGATION AND “LOW-BALL” OFFER RESULT IN DISMISSAL OF UIM BAD FAITH CLAIMS (Philadelphia Federal)

Posted on April 22, 2022 by PA Bad Faith Blog
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This is a pro se breach of contract, statutory bad faith, and common law contractual bad faith UIM claims, as well as an intentional infliction…

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 - Federal Pleading Inadequate

POTENTIAL DAMAGES FROM INADEQUATELY PLEADED BAD FAITH CLAIM CANNOT BE INCLUDED TO SUPPORT REMOVAL TO FEDERAL COURT(Middle District)

Posted on April 13, 2022 by PA Bad Faith Blog
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The insured brought breach of contract and bad faith claims, for a sum not in excess of $75,000.  The carrier removed the case to federal…

PA - Federal Pleading Inadequate

NO BAD FAITH WHERE NO PREDICATE BREACH OF CONTRACT (Middle District)

Posted on April 11, 2022 by PA Bad Faith Blog
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The insured demanded uninsured motorist benefits, but failed to plead the identity of the tortfeasor driver or whether that driver was in fact uninsured.  The…

PA - Claims Handling (reasonable)

CONCLUSORY PLEADINGS AND FACTS NOT SUPPORTING BAD FAITH RESULT IN DISMISSAL; COURT MISTAKENLY SAYS ILL WILL ELEMENT OF BAD FAITH

Posted on April 8, 2022 by PA Bad Faith Blog
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The underinsured motorist bad faith claim in the original complaint was dismissed without prejudice, for pleading only conclusory allegations or facts that did not plausibly…

PA - Claims Handling (general)

BAD FAITH AMENDMENT DENIED WHERE LOWBALL SETTLEMENT OFFER NOT ADEQUATELY PLEADED (Philadelphia Federal)

Posted on March 21, 2022 by PA Bad Faith Blog
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The insured wanted to amend his Uninsured Motorist breach of contract complaint to add a bad faith claim, on the basis that the insurer acted…

PA - Claims Handling (reasonable)

INSURED FAILED TO ADEQUATELY PLEAD BAD FAITH BASED UPON DELAY IN PAYMENT (Philadelphia Federal)

Posted on March 17, 2022 by PA Bad Faith Blog
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In this pro se underinsured motorist bad faith case, the court observes that the insured failed to respond to the motion to dismiss, and pleaded…

PA - Federal Pleading Inadequate

CONCLUSORY ALLEGATIONS INADEQUATE TO PLEAD BAD FAITH; NO UTPCPL CAUSE OF ACTION FOR CLAIM HANDLING (Western District)

Posted on March 14, 2022 by PA Bad Faith Blog
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The insureds’ motor home was damaged when a tree fell and its roof and water damage ensued.  The carrier denied coverage and the insureds sued…

PA - Claims Handling (reasonable)

BAD FAITH CLAIM TIME-BARRED; CONCLUSORY ALLEGATIONS INSUFFICIENT TO PLEAD BAD FAITH; INSURER HAS NO AFFIRMATIVE DUTY TO INFORM AN INSURED ABOUT A CHANGE IN THE LAW YEARS AFTER CLAIM DENIAL (Philadelphia Federal)

Posted on January 20, 2022 by PA Bad Faith Blog
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The carrier denied an uninsured motor vehicle claim based upon the household exclusion.  Over four years later, the insured brought suit in light of 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)
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  • NJ – Federal Pleading Adequate (12)
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  • NJ – Litigation Conduct (2)
  • NJ – Negligence not bad faith (15)
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  • NJ – Procedural Issues (45)
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  • NJ – Rescission (12)
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  • NJ – Reverse Bad Faith (39)
  • NJ – Settlement related issues (27)
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  • NJ – UIM/UM Cases (18)
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  • PA – Agents and Administrators (48)
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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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