The insured claimed that some of its property was lost due to storm damage. A reservation of rights letter was issued promptly after the claim…
Month: November 2007
The insured sought a declaratory judgment and asserted breach of contract and bad faith claims against two insurers. The insurers moved to dismiss based…
The Philadelphia Commerce Court “bifurcated the case, so that the issue of whether [the carrier] had a duty to defend … in the Underlying Action could…
The Court granted Defendant’s motion for summary judgment and dismissed Plaintiffs’ bad faith claims. The court held that the Plaintiffs failed to provide clear and…
NOVEMBER 2007 BAD FAITH CASES
NO BAD FAITH CLAIM CAN BE STATED WHERE NO DUTY TO COVER (Third Circuit)
The Third Circuit upheld the district court’s grant of summary judgment to the carrier on the basis that the claim was not covered under the…
In Gallatin Fuels, Inc. v. Westchester Fire Ins. Co., the district court heard a motion under Rule 60(b) to reconsider its earlier award of attorneys’…
Four siblings tried to make breach of contract and bad faith claims against an insurer for a fire loss. The policy was issued only in their…
A policy beneficiary brought claims, alleging that the carrier had never investigated the death of his brother in Ghana. He filed a pro se complaint,…
NOVEMBER 2007 BAD FAITH CASES
NO BAD FAITH CLAIM CAN BE STATED WHERE NO DUTY TO COVER (Third Circuit)
In Still v. Great Northern Ins. Co., the Third Circuit upheld the district court’s grant of summary judgment to the carrier on the basis that…
The Third Circuit affirmed an award of costs against the insured under Federal Rule of Civil Procedure 54(d)(1). The district court had taken the insured’s…