INSURER NOT REQUIRED TO PRODUCE PERSONNEL FILE, BUT IS REQUIRED TO (1) PROVIDE CORPORATE DESIGNEE FOR DEPOSITION, (2) PRODUCE MANUALS AND TRAINING MATERIALS WITHIN CERTAIN TIME/GEOGRAPHIC LIMITS, AND (3) PROVIDE CLAIMS FILES TO THE COURT FOR IN CAMERA REVIEW ON PRIVILEGE AND WORK PRODUCT (Philadelphia Federal)

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The instant dispute involves the depositions of the claims handler and a corporate designee, as well as the scope of document discovery. The insurer made…

NO BAD FAITH BASED ON: (1) COMPARISON OF OFFER AND RESERVES; (2) UIPA VIOLATIONS; (3) LOWER SETTLEMENT OFFER THAN INSURED DEMANDED; (4) FAILURE TO RAISE SETTLEMENT OFFER; (5) INSURED’S FAILURE TO NEGOTIATE; (6) TIMING OF PARTIAL PAYMENT; OR (7) CLAIM MANUAL (Western District)

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In Western District Magistrate Judge Dodge’s May 2020 opinion in this case, the court allowed this UIM bad faith claim to survive a motion to…

APRIL 2018 BAD FAITH CASES: $21 MILLION BAD FAITH JUDGMENT REVERSED BECAUSE TRIAL COURT “ENGAGED IN A LIMITED AND HIGHLY SELECTIVE ANALYSIS OF THE FACTS AND DREW THE MOST MALIGNANT POSSIBLE INFERENCES FROM THE FACTS IT CHOSE TO CONSIDER” (Pennsylvania Superior Court)

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Sometimes, lengthy litigation is described as an odyssey, warranted or not. In the Berg v. Nationwide case, the litigation has gone on as long as…