In a short unpublished opinion, the Superior Court affirmed a trial court’s finding of no bad faith. The dispute centered around replacement value vs. actual cash value, policy language capping damages, and policy exclusions.
Both the trial and appellate courts found the policy unambiguous, that coverage was for actual cash value, and that other claims were capped or excluded. Thus, the insurer acted in accordance with the policy language and there could be no bad faith.
Date of Decision: September 13, 2016
Rogers v. Harleysville Ins., No. 289 MDA 2016, 2016 Pa. Super. Unpub. LEXIS 3339 (Pa. Super. Ct. 2016) (Bowes, Gantman, Platt, JJ.) (not precedential)
Photo by M. M. Ginsberg