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Category: PA – Procedural Issues

PA - Procedural Issues

FEDERAL MARITIME LAW PREEMPTS BAD FAITH STATUTE (Middle District)

Posted on April 6, 2022 by PA Bad Faith Blog
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The marine insurance agreement at issue included a choice of law provision, stating the policy was governed by federal maritime law. The insurer had denied…

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 - 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 - Bifurcate/Sever & Stays

ALLEGED “RED FLAGS” NOT ENOUGH TO DEFEAT BAD FAITH CLAIM; MOTION TO BIFURCATE DENIED (Philadelphia Federal)

Posted on August 2, 2021 by PA Bad Faith Blog
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Eastern District Judge Younge denied the insurer’s summary judgment motion on bad faith, and its motion to bifurcate the bad faith claim. Plaintiff sought coverage…

PA - Discovery and Evidence

TWO SHORT EASTERN DISTRICT SUMMARIES: TAKING CONTRARY POSITIONS IN SUBROGATION AND UIM CLAIMS NOT BAD FAITH; ESTATE HAS STANDING TO PURSUE BAD FAITH CLAIM (Philadelphia Federal)

Posted on July 23, 2021 by PA Bad Faith Blog
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Here are quick summaries of two recent Pennsylvania Eastern District bad faith cases. TAKING CONTRARY POSITIONS IN SUBROGATION AND UNINSURED MOTORIST CASES ON INSURED’S CULPABILITY…

PA - Bifurcate/Sever & Stays

BAD FAITH CLAIM PREMATURE IN LIGHT OF ONGOING APPRAISAL PROCESS; UTPCPL DOES NOT APPLY TO CLAIM HANDLING (Philadelphia Federal)

Posted on June 8, 2021 by PA Bad Faith Blog
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This case involves a first party fire loss to the insured’s home.  The insured’s public adjuster estimated damages at over $300,000. The insurer’s adjuster issued…

PA - Claims Handling (unreasonable)

BAD FAITH CLAIM PROCEEDS EVEN AFTER CONTRACT CLAIM DISMISSED FOR UNTIMELY FILING (Western District)

Posted on May 27, 2021 by PA Bad Faith Blog
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The insurer denied auto theft coverage based on an exclusion.  The insured sued for breach of contract and bad faith, and also alleged breach of…

PA - Claims Handling (reasonable)

DEFENSE VERDICT FOR INSURER AFFIRMED; NO BAD FAITH BASED ON ALLEGED LOW-BALL OFFERS OR CLAIM HANDLING (Pennsylvania Superior Court) (Non-precedential)

Posted on March 10, 2021March 10, 2021 by PA Bad Faith Blog
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This fact-driver UIM bad faith case resulted in a non-jury verdict for the insurer.  Pennsylvania’s Superior Court affirmed. [This is the second non-precedential Superior Court…

PA - Choice/Conflict of Law

FEDERAL CHOICE-OF-LAW PRINCIPLES REQUIRE APPLICATION OF NEW YORK LAW, ELIMINATING PLAINTIFF’S PENNSYLVANIA STATUTORY CLAIMS (Philadelphia Federal)

Posted on March 9, 2021 by PA Bad Faith Blog
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The marine insurance policy at issue had a New York choice-of-law provision.  The insured attempted to assert claims under Pennsylvania law, including claims for breach…

NJ - General Bad Faith and Litigation Issues

TRIAL COURT ABUSED ITS DISCRETION IN ALLOWING INSURED TO AMEND AT TRIAL TO ADD A NEW JERSEY BAD FAITH CLAIM AFTER INSURER HAD CLOSED ITS CASE (Superior Court of Pennsylvania) (Non-precedential)

Posted on March 5, 2021 by PA Bad Faith Blog
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At trial, the Pennsylvania court permitted plaintiff orally to amend her claims to add a count for bad faith under New Jersey law, after 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 – Discovery and Evidence (22)
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  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
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  • 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)
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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)
  • NJ – Sureties (3)
  • NJ – Sworn Statement/EUO (3)
  • NJ – UIM/UM Cases (18)
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  • PA – Agents and Administrators (48)
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  • PA – Claims Handling (general) (167)
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  • PA – Conflict of Interest (10)
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  • PA – Coverage Issues (223)
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  • PA – Delay (Insured) (41)
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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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