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Category: PA – No coverage duty, no bad faith

Covid-19

NO COVID-19 BUSINESS LOSS COVERAGE DUE = NO BAD FAITH (Middle District)

Posted on April 28, 2022 by PA Bad Faith Blog
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Middle District Judge Mariani adopted and supplemented Magistrate Judge Carlson’s Report and Recommendation in this Covid-19 business interruption loss matter.  The R&R concluded that no…

PA - No coverage duty, no bad faith

NO COVERAGE DUE = NO BAD FAITH; SOME THOUGHTS ON “INDEPENDENT” STATUTORY BAD FAITH ACTIONS (Philadelphia Federal)

Posted on April 20, 2022April 20, 2022 by PA Bad Faith Blog
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Eastern District Judge McHugh found no coverage due in this case.  Addressing bad faith, he then states: Plaintiff cannot succeed on her claim of bad…

PA - Coverage Issues

NO COVERAGE DUE UNDER VALID TITLE INSURANCE EXCEPTION MEANS NO BAD FAITH; NO VALID UTPCPL CLAIM STATED (Middle District)

Posted on April 18, 2022 by PA Bad Faith Blog
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The insured sued its title insurer for breach of contract, bad faith, and violations of the Unfair Trade Practices and Consumer Protection Law (UTPCPL) among…

PA - Coverage Issues

NO BAD FAITH WHEN NO COVERAGE DUE (Philadelphia Federal)

Posted on April 12, 2022 by PA Bad Faith Blog
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In this case, Philadelphia Federal Judge Darnell Jones granted summary judgment to the insurer on coverage.  He found no coverage due under a custom cargo…

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 - No coverage duty, no bad faith

NO COVERAGE DUE MEANS NO BAD FAITH BY DEFINITION (Philadelphia Federal)

Posted on March 9, 2022 by PA Bad Faith Blog
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A homeowner’s fallen tree damaged her neighbor’s property.  The neighbor and her carrier sued for damages.  The homeowner’s insurer asserted that its policy did not…

PA - No coverage duty, no bad faith

BAD FAITH CLAIM CANNOT SURVIVE FINDING THAT NO COVERAGE IS DUE (Middle District)

Posted on January 28, 2022 by PA Bad Faith Blog
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The insured was sued for personal injury damages arising out of a motor vehicle accident.  The carrier declined coverage.  The insured and personal injury plaintiff…

PA - Claims Handling (reasonable)

NO BAD FAITH WHERE NO COVERAGE DUE; ACTIVE INVESTIGATION DISPROVES BAD FAITH; INSURERS CAN REASONABLY RELY ON ENGINEERING EXPERTS (Western District)

Posted on January 18, 2022 by PA Bad Faith Blog
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The claim involves property losses to a hydroponic organic farming operation, where the event causing the loss was in dispute.  Both parties engaged experts to…

PA - No coverage duty, no bad faith

NO BAD FAITH POSSIBLE FOR COVERAGE DENIAL CLAIM WHERE NO COVERAGE IS DUE (Western District)

Posted on January 5, 2022 by PA Bad Faith Blog
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“Although the fact-specific nature of a bad faith claim may render its dismissal at the Rule 12(b)(6) state inappropriate in some circumstances, it is well-established…

PA - Coverage Issues

BAD FAITH CANNOT EXIST IN A VACUUM – NO BREACH OF CONTRACT = NO BAD FAITH (Middle District)

Posted on November 23, 2021 by PA Bad Faith Blog
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The carrier moved to dismiss an amended complaint for breach of contract and bad faith.  Middle District Judge Wilson originally dismissed the contract and bad…

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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)
  • PA – Insurer wrong, but reasonable (29)
  • PA – Late notice (6)
  • PA – Law unsettled (28)
  • PA – Limitations Period (79)
  • PA – Litigation Conduct Claims (40)
  • PA – Manuals (28)
  • PA – Mediation (15)
  • PA – MVFRL (48)
  • PA – Negligence not bad faith (61)
  • PA – No coverage due, bad faith still possible (50)
  • PA – No coverage duty, no bad faith (186)
  • 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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