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« A THIRD PARTY CANNOT CREATE A DUTY TO DEFEND SIMPLY BY PLEADING THE DEFENDANT HAD INSURANCE COVERAGE, WHERE THE FACTS AND CONTROLLING POLICY LANGUAGE SHOW NO COVERAGE (Philadelphia Federal)
SUBJECTIVE BELIEF THAT ALLEGED BREACH OF POLICY WAS DONE IN BAD FAITH IS INADEQUATE WITHOUT OBJECTIVE FACTUAL ALLEGATIONS TO SUPPORT UNREASONABLE CONDUCT (Middle District) »

Split in the Courts on Severance and Stays in UIM Bad Faith Cases

Published on January 16, 2019 in PA - Bifurcate/Sever & Stays and PA - UIM/UM Cases. Closed
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Dan Cummins of the excellent Tort Talk Blog has provided the latest on the split in opinions on granting or denying severance and stays in the UIM bad faith context. This is a split of authority within the Allegheny County Court of Common Pleas.  Tort Talk’s Post-Koken Scorecard  indicates “a vast majority of the county courts have ruled in favor of severing the bad faith claims.”

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« A THIRD PARTY CANNOT CREATE A DUTY TO DEFEND SIMPLY BY PLEADING THE DEFENDANT HAD INSURANCE COVERAGE, WHERE THE FACTS AND CONTROLLING POLICY LANGUAGE SHOW NO COVERAGE (Philadelphia Federal)
SUBJECTIVE BELIEF THAT ALLEGED BREACH OF POLICY WAS DONE IN BAD FAITH IS INADEQUATE WITHOUT OBJECTIVE FACTUAL ALLEGATIONS TO SUPPORT UNREASONABLE CONDUCT (Middle District) »

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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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