The underlying plaintiff settled her state court suit, and the defendant’s insurer issued a settlement check for $100,422.47. Plaintiff never deposited the check, taking the…
Month: March 2022
A primary insurer brings an assigned bad faith claim against an excess insurer for not paying an excess verdict. This opinion addresses discovery disputes over…
The UIM bad faith plaintiff pleaded sufficient facts to survive a motion to dismiss her bad faith claim. Her Unfair Trade Practices and Consumer Protection…
This case addresses insurance contract rescission/reformation for alleged knowing material misrepresentations, among other legal issues. Philadelphia Federal Judge Kearney observes that insurers may rescind their…
The carrier refused to defend or indemnify its insured against an underlying tort suit. The insured sought declaratory relief, and claimed breach of contract and…
The insured wanted to amend his Uninsured Motorist breach of contract complaint to add a bad faith claim, on the basis that the insurer acted…
In this pro se underinsured motorist bad faith case, the court observes that the insured failed to respond to the motion to dismiss, and pleaded…
EXPERT CANNOT TESTIFY ON ULTIMATE LEGAL ISSUES OF REASONABLENESS OR BAD FAITH (Philadelphia Federal)
This COVID-19 coverage case, involving an All-Risk business policy, had been allowed to proceed under a reasonable expectations theory. The insured obtained an expert report…
In this underinsured motorist case, the insured brought claims for breach of contract, bad faith, unjust enrichment, violation of the Unfair Insurance Practices Act (UIPA)…
The insureds’ motor home was damaged when a tree fell and its roof and water damage ensued. The carrier denied coverage and the insureds sued…