Daily Archive for October 30th, 2009

OCTOBER 2009 BAD FAITH CASES
PARTY DOES NOT STAND IN INSURER’S SHOES TO PROVIDE DEFENSE/INDEMNITY WHERE INSURER WILL NOT DO SO FOR ADDITIONAL INSURED (Philadelphia Federal)

Published on October 30, 2009 in PA - Standing, Assignment or Outside Scope. Closed

In Detwiler v. Valero Marketing and Supply Company, one party was to make the other an additional insured on a policy. It did so, but the insurance carrier refused to provide a defense to the additional insured because the insured was not a named party. The Court observed that the insurer’s alleged bad faith in not providing a defense or coverage did not obligate the insured to step into the insurer’s shoes.

Date of Decision: October 22, 2009

Detwiler v. Valero Marketing and Supply Company, U.S. District Court, Eastern District of Pennsylvania, CIVIL ACTION NO. 08-3495, 2009 U.S. Dist. LEXIS 98214 (E.D.Pa. Oct. 22, 2009) (Fullam, J.)