In this disability insurance case, the court held that because the insurer did not breach the policy terms, “it cannot be liable for [common law]…
Month: September 2018
The homeowner insured was using an excavator to do work on his property, and damaged utility lines owned by a third party. Reviewing the complaint…
As we have noted before, the excellent Tort Talk Blog keeps close tabs on post-Koken motions to sever and stay UIM bad faith claims. In…
In this unusual case, the trial court entirely denied a successful bad faith plaintiff attorney’s fees petition, and the Third Circuit affirmed. On appeal, the…
The insureds alleged the insurer took excessive premiums. The court found such claims were not subject to Pennsylvania’s Bad Faith Statute since there was no…
The excellent Tort Talk Blog has posted a recent Luzerne County Common Pleas decision, severing a UIM bad faith claim from the breach of contract claim,…
In this case, involving a debris removal policy provision, the court dismissed the bad faith claim. There was no averment that the carrier lacked a…
The insurer sought damages and rescission under Pennsylvania common law and New Jersey’s Insurance Fraud Prevention Act. There was a fire at the insured’s New…
In some contrast with today’s earlier post, this district court reiterated its prior legal restatement of bad faith law, that in addition to coverage denial…
The court found there was no duty to defend under a title insurance policy. Citing the seminal Frog Switch case, the court observed: “Importantly, where…