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Is an Insurer's Reliance on Unsettled Case Law Enough to Defend Against a Bad Faith Claim? >
July 6, 2017
By: Lindsay B. Andreuzzi
Insurers are often faced with making coverage decisions where the case law is unsettled. Does reliance on that case law supporting the insurer's decision insulate an insurer from a claim of bad faith? A recent case from the Eastern District of Pennsylvania suggests that the existence of case law to support its position may not alone be enough.
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Bifurcation/Severance of Bad Faith Claims in the Pennsylvania Federal District Courts >
March 24, 2017
By: Lindsay B. Andreuzzi
The decision in Insurance Federation of Pennsylvania v. Koken, 889 A.2d 550 (Pa. 2005), radically changed the landscape of UM/UIM litigation. Since then, attorneys and courts have struggled with the practicality of litigating cases that include both UM/UIM claims as well as bad faith claims. One of the major issues that has yet to be conclusively resolved is whether a count for entitlement to UM/UIM benefits can proceed simultaneously with a bad faith count. Relatedly, courts continue to consider the implications for the litigation process where bifurcation or severance and stay are denied.
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Changes to New Jersey Rules Governing Civil Practice Affect Litigation of UM/UIM and Bad Faith Claims >
February 13, 2017
By: Lindsay B. Andreuzzi
New Jersey's Civil Practice Committee has made two significant changes to the Rules Governing the Civil Practice - regarding the entire controversy doctrine and the offer of judgment rules - following the New Jersey Supreme Court's invitation to do so.
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PA Superior Court Parts with Eleventh Circuit on Annuity Payments Under the LHWCA; Issues Unanimous Memorandum in Favor of National Indemnity >
January 30, 2017
By: Jeffrey M. Brenner
In a unanimous memorandum opinion, the Superior Court of Pennsylvania parted ways with the Eleventh Circuit on January 27, 2017, holding that the Longshore Harbor Workers' Compensation Act (“LHWCA”) unequivocally bars any transfer or assignment of periodic payments from a structured settlement entered into under the Act. The opinion brings Pennsylvania in line with numerous other state trial courts on the question of whether the anti-assignment provisions of the LHWCA bar the sale of payments which originate under the Act.
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Third Circuit Moves Pennsylvania Courts Closer to Viewing TCPA Violations as Uncovered Acts Under BOP and CGL Policies >
September 15, 2016
By: Jeffrey M. Brenner
In Auto-Owners Ins. Co. v. Stevens & Ricci, Inc., the Third Circuit predicted that the Supreme Court of Pennsylvania, if given the opportunity, would find that Telephone Consumer Protection Act (TCPA) violations are not covered under Businessowners (BOP) or CGL policies as a TCPA violation is not an "occurrence," and does not cause an "advertising injury."
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Rancosky v. Washington National Insurance Co.: Pennsylvania Supreme Court to Rule on Long-Standing Test for Insurance Bad Faith >
September 7, 2016
By: Lindsay B. Andreuzzi
In granting allocatur in Rancosky v. Washington National Insurance Co., the Pennsylvania Supreme Court has at long last placed squarely in front of it whether to put its imprimatur on the test developed by the Superior Court in insurance bad faith cases.
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Westport Ins. Co. v. Mylonas: Pennsylvania Court Fashions New Test for Legal Malpractice Claims Under E&O Policies >
August 31, 2016
By: Jeffrey M. Brenner
In Westport Insurance Company v. Mylonas, Judge Slomsky of the United States District Court for the Eastern District of Pennsylvania granted summary judgment in favor of Westport in a declaratory judgment action, declaring that under an errors and omissions (E&O) policy, multiple related acts of negligence amount to a single claim under a legal malpractice policy.
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In the Wake of Superstorm Sandy, Insurance Carriers are Well-Advised to Review New Jersey Insurance Bad Faith Law >
March 12, 2013
By: Richard L. McMonigle, Jr.
Superstorm Sandy's devastating landfall in October 2012 caused property damage and income loss in New Jersey that early estimates suggest will exceed $50 billion. Commercial and personal lines property insurers have been inundated with claims. As some of these claims progress, the term "bad faith" may be hurled by policyholder representatives - public adjusters and attorneys - who may have little familiarity with New Jersey law governing such assertions.
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