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Category: PA – Reverse Bad Faith

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 - 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 - Claims Handling (reasonable)

NO BAD FAITH WHERE REASONABLE BASIS TO DENY COVERAGE (Philadelphia Federal)

Posted on May 14, 2021 by PA Bad Faith Blog
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The insurer denied plaintiff’s first party fire loss claim because it concluded that the insured set the fire himself.  The insured brought breach of contract…

PA - Common Law Bad Faith (contractual or fiduciary basis)

POLICY VOIDED FOR MATERIAL MISREPRESENTATIONS; INSURED VIOLATED INSURANCE FRAUD ACT; COMMON LAW FRAUD NOT ACTIONABLE ABSENT RELIANCE (Philadelphia Federal)

Posted on April 22, 2021 by PA Bad Faith Blog
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The insured admittedly altered vendor invoices that inflated the replacement value of damaged items in this first party property damage claim, and submitted those false…

PA - Claims Handling (general)

NO BAD FAITH WHERE “RED FLAGS” EXISTED THAT COULD UNDERMINE COVERAGE; RULE TO FILE COMPLAINT NOT BAD FAITH (Middle District)

Posted on April 13, 2021 by PA Bad Faith Blog
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This case involved an auto accident death, and whether the deceased was an insured “family member” under his stepfather’s auto policy.  Coverage depends on whether…

PA - Coverage Issues

NO MATERIAL MISREPRESENTATION BY INSURED AS TO PLACE OF RESIDENCE WHEN THE MEANING OF “RESIDENCE” CAN ENCOMPASS MULTIPLE LOCATIONS AS A MATTER OF LAW (Middle District)

Posted on November 17, 2020 by PA Bad Faith Blog
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The homeowner insured’s amended complaint asserted a breach of contract claim after the carrier denied coverage for a fire loss. The original complaint included a…

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 - Agents and Administrators

COURT UPHOLDS DISMISSAL OF DRAGONETTI ACTION AGAINST INSURED (Superior Court of Pennsylvania) (Non-Precedential)

Posted on March 18, 2020 by PA Bad Faith Blog
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The insured’s representatives sued the insured’s carrier and its claims adjuster for bad faith. The complaint alleged bad faith in claims handling and in refusing…

PA - Attorney Client Privilege

INSURER’S RELIANCE ON ADVICE OF COUNSEL, AMONG MANY OTHER FACTORS FAVORING THE INSURER, DEFEATS BAD FAITH CLAIM (Philadelphia Federal)

Posted on February 25, 2020February 27, 2020 by PA Bad Faith Blog
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This case involves a head-spinning array of factual discrepancies between the insured’s claims to the carrier and the results of the insurer’s investigation. These range from…

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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)
  • 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

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