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Category: PA – UIM/UM Cases

PA - UIM/UM Cases

UTPCPL COULD ONLY APPLY TO PRE-CONTRACT CONDUCT, NOT CLAIM HANDLING (Philadelphia Federal)

Posted on May 10, 2022 by PA Bad Faith Blog
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The insured did not assert statutory bad faith in this UIM property damage case, but did assert violation of Pennsylvania’s Unfair Trade Practices and Consumer…

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 - Claims Handling (unreasonable)

INSURED ADEQUATELY PLEADS UIM BAD FAITH CLAIM HANDLING AND PAYMENT DELAY; UTPCPL AND MVFRL CLAIMS DISMISSED; FIDUCIARY DUTY ALLEGATION NOT STRICKEN (Western District)

Posted on April 7, 2022 by PA Bad Faith Blog
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The insured brought bad faith claims for failure to pay UIM benefits and wage loss benefits.  The insurer unsuccessfully moved to dismiss those claims. The…

PA - Claims Handling (unreasonable)

OFFERING 15% OF UIM POLICY LIMIT DEMAND 17 MONTHS AFTER INITIAL DEMAND STATES BAD FAITH CLAIM HANDLING ACTION; UTPCPL CLAIM DISMISSED (Middle District)

Posted on March 29, 2022 by PA Bad Faith Blog
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The UIM bad faith plaintiff pleaded sufficient facts to survive a motion to dismiss her bad faith claim.  Her Unfair Trade Practices and Consumer Protection…

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 - UIM/UM Cases

NO PRIVATE ACTION UNDER UIPA; UTPCPL DOES NOT ENCOMPASS FAILURE TO PAY INSURANCE CLAIMS (Philadelphia Federal)

Posted on March 15, 2022March 15, 2022 by PA Bad Faith Blog
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In this underinsured motorist case, the insured brought claims for breach of contract, bad faith, unjust enrichment, violation of the Unfair Insurance Practices Act (UIPA)…

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 – General Bad Faith and Litigation Issues (48)
  • NJ – Insurance Fair Conduct Act (2)
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  • 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)
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  • 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)
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  • NJ – Sworn Statement/EUO (3)
  • NJ – UIM/UM Cases (18)
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  • PA – Agents and Administrators (48)
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  • PA – UIM/UM Cases (390)
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  • PA – Underwriting (14)
  • PA – UTPCPL (53)
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  • 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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