The carrier brought action against its insured alleging violations of the New Jersey Insurance Fraud Prevention Act, breach of contract, breach of good faith and…
Month: August 2018
This case addresses a wide array of New Jersey bad faith issues. The underlying facts involve disputed coverage and defense obligations in a suit against…
The insurer cancelled a workers’ compensation policy, and suit was brought for failing to meet statutory requirements to do so, along with a bad faith…
The insured sued based on a denial of benefits for a vandalism loss. During the course of pre-suit examinations under oath, the insurer concluded that…
AUGUST 2018 BAD FAITH CASES: ERISA PREEMPTS GOOD FAITH AND FAIR DEALING CLAIM (Philadelphia Federal)
The court analogized a breach of the implied covenant of good faith and fair dealing to a bad faith claim, in finding such claims preempted…
A UIM insured brought a breach of contract, loss of consortium, and bad faith action against both the claim representative and the insurer. The insurer…
This is a UIM case where bad faith was not pleaded. The insured and insurer did not reach an agreement on UIM benefits, and the…
The insured claimed “removal was improper because the amount in controversy [did] not exceed $75,000” on the face of the complaint. The insurer argued that…
The court found the following allegations all conclusory in nature, and therefore insufficient to make out a bad faith claim. However, the plaintiff was given…
This opinion gives a detailed overview on the issue of when, and if, the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1797, pre-empts the…