Of the thousands of statutory bad faith cases since section 8371’s creation, Berg v. Nationwide stands at the top of the list. The case started…
Month: March 2019
On February 11, 2019, Middle District Judge Richard Caputo dismissed the insured’s bad faith claim for solely pleading conclusory allegations without sufficient factual allegations to…
This Superstorm Sandy case involved a $400,000 discrepancy in damage estimates between the insured’s and insurer’s adjustors. The court found a material issue of fact…
This New Jersey federal case involved allegations the insurer underpaid benefits without adequate explanation, and without considering payments required under state law. The case eventually…
In these two UIM cases, Eastern District Judge Joseph F. Leeson, Jr. addressed motions to dismiss bad faith claims. In Krantz v. Peerless, he dismissed…
This case involves an Indalex type claim where an insured’s defectively manufactured product causes damage to other property when used in a construction project. In this…
This case involves two bases for coverage denials: (1) late notice resulting in prejudice, and (2) first party claims are not covered under a commercial…
This case involves a motion to dismiss the insured’s bad faith claim. In carrying out the analysis under Twombly/Iqbal, Judge Kenney states that a “Court…
The case at hand did not involve statutory bad faith, but relied on one of the Third Circuit’s leading bad faith cases, Polselli v. Nationwide…
Plaintiff served an interrogatory asking the insurer to identify all bad faith suits in which it was involved for the preceding 10 years. The insurer…