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Category: PA – Rescission

PA - Agents and Administrators

AGENT’S MISREPRESENTATIONS CAN BE ATTRIBUTED TO THE INSURED IN WEIGHING CARRIER’S RIGHT TO RESCISSION OR REFORMATION (Philadelphia Federal)

Posted on March 28, 2022April 23, 2022 by PA Bad Faith Blog
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This case addresses insurance contract rescission/reformation for alleged knowing material misrepresentations, among other legal issues. Philadelphia Federal Judge Kearney observes that insurers may rescind their…

PA - Rescission

COURT GRANTS RESCISSION WHERE FRAUD IN ORIGINAL APPLICATION AND RENEWALS ALLEGED (Western District)

Posted on February 1, 2022April 23, 2022 by PA Bad Faith Blog
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The insurer obtained a default judgment permitting it to rescind a policy for fraudulent misrepresentations in an application and subsequent renewals. The complaint alleged the…

PA - Attorney's Fees

THE ROLE OF BAD FAITH IN AN EQUITABLE SUBROGATION CASE (Third Circuit – Pennsylvania Law)

Posted on May 13, 2021April 23, 2022 by PA Bad Faith Blog
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In this case, the Third Circuit addresses the elements of equitable subrogation between insurers, a useful opinion for coverage counsel dealing with insurer vs. insurer…

PA - Rescission

COURT WOULD NOT RESCIND POLICY ON SUMMARY JUDGMENT WHERE DISPUTES OF FACT REMAINED OVER THE INSURED’S BELIEFS AND EXPECTATIONS PRIOR TO APPLYING FOR INSURANCE (Philadelphia Federal)

Posted on April 7, 2020April 23, 2022 by PA Bad Faith Blog
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The carrier sought rescission of a medical professional liability policy, and brought a motion for summary judgment. The court denied that motion. In the application…

PA - Claims Handling (reasonable)

1. POSSIBLE BAD FAITH FOR IMPROPER RESCISSION AND UNREASONABLY INADEQUATE INVESTIGATION, BUT 2. NO BAD FAITH FOR ALLEGED VIOLATIONS OF THE UIPA OR UCSP REGULATIONS, OR FOR ALLEGEDLY SWITCHING DENIAL THEORIES (Western District)

Posted on September 12, 2019April 23, 2022 by PA Bad Faith Blog
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The insured purchased various life insurance coverages for her son. She answered no to questions about whether he had any chronic health problems requiring periodic…

PA - Claims Handling (unreasonable)

BAD FAITH PLAINTIFF ALLEGED FACTS SUFFICIENT TO WITHSTAND MOTION TO DISMISS IN THIS MORTGAGE INSURANCE CASE (Philadelphia Federal)

Posted on April 10, 2019April 23, 2022 by PA Bad Faith Blog
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This case involved mortgage insurance. The insured alleged breach of contract, conversion, unjust enrichment, and bad faith. The insurer moved to dismiss on a number…

PA - Rescission

OCTOBER 2018 BAD FAITH CASES: POLICY CAN ONLY BE RESCINDED OR VOIDED ON BASIS OF FRAUDULENT OMISSION BY CLEAR AND CONVINCING EVIDENCE OF (1) INTENT AND (2) PROOF THAT DISCLOSURE WOULD HAVE MADE A MATERIAL DIFFERENCE IN ISSUING POLICY (Western District)

Posted on October 15, 2018April 23, 2022 by PA Bad Faith Blog
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The insurer sought a declaration that it had no duties under an attorney professional liability policy on the basis of an outside business exclusion, and…

NJ - Rescission

SEPTEMBER 2018 BAD FAITH CASES: INSURED’S FRAUD ON SMALL FRACTION OF TOTAL CLAIM RESULTS IN FORFEITURE OF ALL SUMS PAID, UNDER BOTH PENNSYLVANIA COMMON LAW AND NEW JERSEY STATUTORY LAW (Philadelphia Federal)

Posted on September 12, 2018April 23, 2022 by PA Bad Faith Blog
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The insurer sought damages and rescission under Pennsylvania common law and New Jersey’s Insurance Fraud Prevention Act. There was a fire at the insured’s New…

PA - Claims Handling (reasonable)

APRIL 2018 BAD FAITH CASES: NO BAD FAITH WHERE INSURER HAD REASONABLE BASIS TO RESCIND POLICY AND DENY COVERAGE (Western District)

Posted on April 19, 2018April 23, 2022 by PA Bad Faith Blog
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The insured submitted a claim after his home was lost in a fire. Allegedly suspicious circumstances—including that this was the insured’s second home to burn…

PA - Rescission

JANUARY 2018 BAD FAITH CASES: NO BAD FAITH AFTER INSURER REFUSED TO PAY BENEFITS DUE TO A PROPER RECISSION OF THE POLICY (Middle District)

Posted on January 12, 2018April 23, 2022 by PA Bad Faith Blog
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The insured procured a life insurance policy with a benefit of $200,000, and listed his wife (the plaintiff in this action) as the beneficiary. Ten…

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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)
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  • 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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