MAY 2015 BAD FAITH CASES: TERMINATING POLICY WITH KNOWLEDGE THAT PROPER NOTICES WERE NOT SENT STATED AN ACTIONABLE BAD FAITH CLAIM; STATUTE OF LIMITATIONS WAS TRIGGERED UPON CLEAR NOTICE OF DENIAL WHICH BARRED POLICY HOLDER CLAIMS, BUT NOT BENEFICIARY CLAIMS, UNDER THE DISCOVERY RULE (Philadelphia Federal)

In Hilston v. American General Life Insurance Company, the plaintiff brought breach of contract and bad faith claims against her late father’s life insurer, the…

MAY 2015 BAD FAITH CASES: ATTORNEY’S FEES ONLY AVAILABLE IF THERE IS BAD FAITH; NO SEPARATE CLAIM FOR BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING; FACTS PLEADED MET PLAUSIBILITY STANDARD; COMPENSATORY AND CONSEQUENTIAL DAMAGES NOT AVAILABLE UNDER BAD FAITH STATUTE; AND PUNITIVE DAMAGES NOT AVAILABLE IN ACTION TO COMPEL SPECIFIC PERFORMANCE OF AN APPRAISAL (Philadelphia Federal)

In St. Clair v. State Farm Fire & Casualty Company, the court stated the following principles and legal conclusions: A plaintiff can recover attorney’s fees…

MAY 2015 BAD FAITH CASES: INSURED PLEADS PLAUSIBLE CLAIM FOR BAD FAITH CLAIMS HANDLING AND LOW SETTLEMENT OFFER AS TO BOTH STATUTORY AND CONTRACTUAL BAD FAITH; CONSEQUENTIAL DAMAGES THEORETICALLY AVAILABLE ON CONTRACTUAL BAD FAITH CLAIM (Middle District)

In Lane v. State Farm Mutual Automobile Insurance Company, the insured was injured in an accident with an uninsured motorist. The insured sought the $100,000…