MAY 2018 BAD FAITH CASES: CLAIM REPRESENTATIVE’S FAILURE TO CONSULT WITH COUNSEL ON SCOPE OF POLICY EXCLUSIONS UNDER UNFAMILIAR PENNSYLVANIA LAW BEFORE DENIAL MAY RESULT IN FINDING THAT DENIAL WAS UNREASONABLE FOR BAD FAITH PURPOSES (Western District)

The insured owned two buildings that suffered failed retaining walls. The insurer denied coverage. The insurer’s claim representative relied on an expert who stated the loss was…