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JUDGE BAYLSON CLARIFIES APPROPRIATE VEHICLES FOR SEEKING ATTORNEY’S FEES, PUNITIVE DAMAGES AND COMPENSATORY DAMAGES (Philadelphia Federal)

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In this case, Philadelphia Federal Judge Baylson reiterates:

  1. Claims for breach of an insurance contract do not allow for recovery of attorney’s fees; rather, attorney’s fees in this context are only permitted under the Bad Faith Statute.
  2. Common law breach of an insurance contract claims do not allow for punitive damages; rather, punitive damages in this context are only permitted under the Bad Faith Statute.
  3. The Bad Faith Statute does not provide for recovery of compensatory damages.

Date of Decision: April 29, 2022

Collings v. State Farm Fire & Casualty Co., U.S. District Court Eastern District Pennsylvania No. 2:22-CV-0057, 2022 WL 1291511 (E.D. Pa. Apr. 29, 2022) (Baylson, J.)

Published by PA Bad Faith Blog