Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog

Skip to content
Menu
  • Home
  • About This Blog
  • Disclaimer
  • Privacy Policy
  • Searching this Blog

Category: PA – Who is an Insurer?

PA - Who is an Insurer?

BAD FAITH STATUTE DOES NOT APPLY TO PARTIES THAT ARE NOT THE INSURER (Philadelphia Federal)

Posted on December 9, 2021 by PA Bad Faith Blog
Print Friendly, PDF & Email

Federal Insurance Company is the carrier issuing the policy.  Federal is one of the Chubb Group of insurance companies.  The insured sued Federal for breach…

PA - Agents and Administrators

WESTERN DISTRICT JUDGE STICKMAN ISSUES TWO BAD FAITH OPINIONS: (1) DIFFERENCE IN VALUATION ALONE IS NOT BAD FAITH; (2) BAD FAITH CANNOT BE PURSUED AGAINST CARRIER’S CLAIM ADJUSTER (Western District)

Posted on August 4, 2021 by PA Bad Faith Blog
Print Friendly, PDF & Email

On July 19th, Judge Stickman held in Stegena v. Nationwide, that simply pleading the insured’s injuries are worth significantly more than the carrier’s valuation of…

PA - Who is an Insurer?

BAD FAITH STATUTE DOES NOT APPLY TO MORTGAGE LENDER

Posted on August 17, 2020 by PA Bad Faith Blog
Print Friendly, PDF & Email

A homeowner filed counterclaims against his lender in a foreclosure action. The counterclaims included an insurance bad faith claim. The Superior Court affirmed the trial…

PA - Agents and Administrators

BAD FAITH CLAIM CAN PROCEED EVEN THOUGHT CONTRACT CLAIM DISMISSED AS UNTIMELY; ADJUSTOR AND INVESTIGATOR NOT SUBJECT TO BAD FAITH STATUTE (Philadelphia Federal)

Posted on May 11, 2020 by PA Bad Faith Blog
Print Friendly, PDF & Email

This case involved breach of contract and bad faith claims against the insurer based on its decision not to cover the alleged theft of jewelry.…

PA - Agents and Administrators

NO BAD FAITH: (1) NO BENEFIT DUE; (2) NO ESTOPPEL UNDER THE UIPA OR UCSP REGULATIONS; (3) AN OVERSIGHT CAUSING DELAY IS NOT BAD FAITH (Philadelphia Federal)

Posted on April 14, 2020 by PA Bad Faith Blog
Print Friendly, PDF & Email

The court described this as the case of the missing email. The insurance policy at issue covered various cars. The insured emailed its broker to add…

PA - Agents and Administrators

BROKERS AND AGENTS ARE NOT INSURERS SUBJECT TO STATUTORY BAD FAITH CLAIMS (Western District)

Posted on March 30, 2020 by PA Bad Faith Blog
Print Friendly, PDF & Email

This is Magistrate Judge Eddy’s Report and Recommendation on the issue of whether certain statutory bad faith defendants were insurers subject to the bad faith…

PA - Federal Pleading Inadequate

PLAINTIFF CANNOT PLEAD ALTERNATIVELY THAT DEFENDANT IS AN INSURER OR AN HMO WITHOUT FACTUAL SUPPORT; BAD FAITH CLAIM INADEQUATELY PLEADED AS A WHOLE (Middle District)

Posted on January 13, 2020 by PA Bad Faith Blog
Print Friendly, PDF & Email

The insured failed to plead adequately on two levels in this case. First, the insured attempted to plead in the alternative that the defendant was…

PA - Attorney's Fees

COURT ADDRESSES “WHO IS AN INSURER” FOR BAD FAITH PURPOSES (Philadelphia Federal)

Posted on December 27, 2019 by PA Bad Faith Blog
Print Friendly, PDF & Email

The plaintiff obtained insurance against its tenants failing to pay rent. It allegedly entered a relationship with two entities licensed to provide that insurance. One…

PA - Agents and Administrators

AUGUST 2018 BAD FAITH CASES: BAD FAITH ACTION CANNOT BE BROUGHT AGAINST CLAIM REPRESENTATIVE WHO IS NOT AN INSURER (Philadelphia Federal)

Posted on August 20, 2018November 8, 2018 by PA Bad Faith Blog
Print Friendly, PDF & Email

A UIM insured brought a breach of contract, loss of consortium, and bad faith action against both the claim representative and the insurer. The insurer…

PA - Agents and Administrators

OCTOBER 2017 BAD FAITH CASES: BAD FAITH STATUTE DOES NOT APPLY TO INSURANCE AGENTS (Common Pleas Lackawanna County)

Posted on October 16, 2017October 23, 2018 by PA Bad Faith Blog
Print Friendly, PDF & Email

The excellent Tort Talk Blog has posted an opinion from Judge Nealon in Lackawanna County reiterating that the bad faith statute does not apply to insurance…

Posts navigation

Page 1 Page 2 … Page 4 Next Page
February 2023
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728  
« May    

Search

Archives

  • ►2022
    • May
    • April
    • March
    • February
    • January
  • ►2021
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2020
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2019
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2018
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2017
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2016
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2015
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2014
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2013
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2012
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2011
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2010
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2009
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2008
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • April
    • March
    • February
    • January
  • ►2007
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • ►2006
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January

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

Subscribe by Email

Signup to receive e-mail notifications about future blog posts.


 

© Copyright 2023 – Pennsylvania And New Jersey Insurance Bad Faith Case Law Blog
Wisteria Theme by WPFriendship ⋅ Powered by WordPress