Once more, a court found that ERISA pre-empted statutory bad faith claims. Date of Decision: November 17, 2016 Erica A. Shore, P.C. v. Independence Blue…
Year: 2016
The Court went over the Third Circuit’s case law history to explain why ERISA pre-empts section 8371 bad faith claims. Date of Decision: August 1,…
The appellate court affirmed a decision that an insurer could not have acted in bad faith when settling claims against the insured, because the insurer…
The insurer sought to bifurcate the breach of contract and bad faith claims in this UIM case, and a stay of discovery on the bad…
In this case, the insured improperly sought compensatory and consequential damages as part of his section 8371 claim. Such damages cannot be recovered under section…
In this case, the record was uncontroverted that the insured stated in the application to his homeowner’s carrier that he did not use alternative heat…
In this Superstorm Sandy property damage case, the insured alleged bad faith, among other claims. The court found the insured could not overcome the “fairly…
In this ERISA health plan case, the insurer had offered to freeze premiums for a substantial period of time to settle an earlier dispute over…
In this homeowners’ case, the insured alleged breach of contract and bad faith. On the contract claim, the court focused on the contractual limitations period…
In a 2 to 1 unpublished decision, the Superior Court ruled that a choice of venue provision did not apply to the insured’s bad faith…