NOVEMBER 2007 BAD FAITH CASES NO BAD FAITH CLAIM CAN BE STATED WHERE NO DUTY TO COVER (Third Circuit)
The Third Circuit upheld the district court’s grant of summary judgment to the carrier on the basis that the claim was not covered under the business pursuits exclusion. The court stated that the bad faith “claim necessarily fails in the face of a determination that the insurer correctly concluded that there was no potential coverage under the policy.”
