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Category: PA – Venue

PA - Removal & Remand

SEPTEMBER 2017 BAD FAITH CASES: FEDERAL REMAND WHERE POLICY’S FORUM SELECTION CLAUSE ALLOWS INSURED OR ASSIGNEE TO CHOSE COURT; ANTI-ASSIGNMENT CLAUSE INEFFECTIVE WHERE ASSIGNMENT IS POST-OCCURRENCE (Philadelphia Federal)

Posted on September 12, 2017November 13, 2018 by PA Bad Faith Blog
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This action originated from a bad faith suit filed in the Philadelphia County Court of Common Pleas. The insured alleged that the insurer refused to…

PA - No coverage due, bad faith still possible

DECEMBER 2016 BAD FAITH CASES: CONTRACTUAL CHOICE OF VENUE PROVISION DOES NOT APPLY TO BAD FAITH CLAIMS (Superior Court of Pennsylvania) (Not Precedential)

Posted on December 15, 2016February 27, 2020 by PA Bad Faith Blog
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In a 2 to 1 unpublished decision, the Superior Court ruled that a choice of venue provision did not apply to the insured’s bad faith…

PA - Removal & Remand

JUNE 2015 BAD FAITH CASES: CHOICE OF FORUM PROVISION ENFORCEABLE AS TO EITHER COURT LISTED IN THE ALTERNATIVE; AND IT DID NOT PROVIDE THE INSURED WITH ABSOLUTE RIGHT TO CHOOSE AMONG THE LISTED JURISDICTIONS (Western District)

Posted on June 22, 2015October 26, 2018 by PA Bad Faith Blog
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In Smith v. Progressive Specialty Insurance Company, the insured’s motion to remand breach of contract and bad faith UIM claims was denied.  The motion focused…

PA - Removal & Remand

JUNE 2014 BAD FAITH CASES: COURT FINDS INSURER COULD NOT ASSERT FORUM SELECTION CLAUSE AFTER IT CONSENTED TO REMOVAL TO FEDERAL COURT (Western District)

Posted on June 19, 2014November 13, 2018 by PA Bad Faith Blog
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In Roman v. UniGroup Worldwide, the plaintiff insured contracted with the defendant shipping company and its agents to transport his household property from Israel to…

PA - Venue

SEPTEMBER 2013 BAD FAITH CASES: INSURER PREVAILS ON MOTION TO TRANSFER BASED ON JURISDICTION OF UNDERLYING CASE (Philadelphia Court of Common Pleas)

Posted on September 9, 2013November 13, 2018 by PA Bad Faith Blog
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The Court of Common Pleas of Philadelphia County transferred a bad faith case to the Court of Common Pleas of Dauphin County because the underlying…

PA - Declaratory Judgment

MARCH 2013 BAD FAITH CASES: COURT AFFIRMS TRIAL COURT’S COORDINATION OF COVERAGE AND DECLARATORY JUDGMENT ACTIONS IN PHILADELPHIA COUNTY (Superior Court)

Posted on March 19, 2013October 26, 2018 by PA Bad Faith Blog
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In Pa. Manufacturers’ Ass’n Ins. Co. v. Pa. State Univ., the insured appealed an order of the trial court that coordinated two simultaneous coverage actions…

PA - Venue

SEPTEMBER 2012 BAD FAITH CASES: COURT RULES THAT COORDINATED BAD FAITH AND COVERAGE ACTIONS SHOULD REMAIN IN LOCALITY OF UNDERLYING PERSONAL INJURY (Philadelphia Commerce Court)

Posted on September 25, 2012October 29, 2018 by PA Bad Faith Blog
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In Pennsylvania Manufacturers Association Ins. Co. v. Pennsylvania State University, the trial court issued an opinion in support of its order granting an insurer’s motion…

PA - Attorney's Fees

MAY 2012 BAD FAITH CASES: BAD FAITH CLAIM CANNOT BE ASSIGNED, CONTINGENT FEE ATTORNEY NOT THIRD PARTY BENEFICIARY, CONTRACT CLAIM ASSIGNABLE BUT AGAINST PUBLIC POLICY TO DO SO (Philadelphia Federal)

Posted on May 1, 2012October 26, 2018 by PA Bad Faith Blog
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In Feingold v. State Farm Mutual Auto Insurance Company, the court partially granted the carrier’s motion to dismiss a breach of contract and bad faith…

PA - Choice/Conflict of Law

FEBRUARY 2011 BAD FAITH CASES
BAD FAITH ALLEGATION DISMISSED WITH LEAVE TO RE-FILE IN ANOTHER STATE UNDER FORUM NON CONVENIENS DOCTRINE (Philadelphia Commerce Court)

Posted on February 4, 2011November 11, 2018 by PA Bad Faith Blog
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Three joint insureds purchased a new aircraft in 2009.  They then contracted with the insurer for an “All-Clear Aircraft Policy,” under which the insurer would…

PA - Venue

JUNE 2009 BAD FAITH CASES
SUPERIOR COURT REVERSES TRANSFER OF BAD FAITH CASE FROM PHILADELPHIA TO MONROE COUNTY (Superior Court)

Posted on June 5, 2009November 11, 2018 by PA Bad Faith Blog
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In Walls v. Phoenix Insurance Company, the Philadelphia Court of Common Pleas transferred the insured’s breach of contract and bad faith action on the grounds…

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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)
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  • PA – Release of bad faith claim (12)
  • PA – Removal & Remand (98)
  • PA – Rescission (32)
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  • 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)
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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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