MAY 2018 BAD FAITH CASES: OPINION REVERSING $21 MILLION BAD FAITH JUDGMENT WITHDRAWN, RECONSIDERATION GRANTED, BUT ORIGINAL OPINION ON BAD FAITH RE-AFFIRMED A FEW DAYS LATER (Pennsylvania Superior Court)

On May 31, 2018, the Superior Court’s April 9, 2018, 2-1 decision reversing the trial court’s $21 Million award in Berg v. Nationwide was withdrawn, after the Court granted reconsideration. Just a few days later, on June 5, 2018, the Court issued another 2-1 decision along the same lines as the first decision, with the majority again vacating and directing entry of judgment for the insurer, and former Justice Stevens dissenting.

The May 31st Order had stated:

IT IS HEREBY ORDERED:

THAT upon consideration of the application for reargument filed April 30, 2018, in this appeal, the Court hereby grants panel reconsideration;

THAT the decisions of this Court filed April 9, 2018, are hereby withdrawn; and

THAT the parties need not file any additional briefs.

This Order is entered without prejudice for the parties to file or refile an application for reconsideration or reargument following the filing of this Court’s reconsidered decision.

Our thanks to Daniel E. Cummins of the excellent Tort Talk Blog for bringing this Order to our attention.