Article by Daniel Inadomi, Esq. A federal court in the Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment,...
Articles Related To: Insurance Coverage and Extracontractual Litigation
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Reliance On Expert Opinions Demonstrates Reasonableness
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer immediately...
UTPCPL Claim Against Insurance Professional Fraudulently Joined
In Holohan v. Mid-Century Ins. Co., the Eastern District of Pennsylvania denied an insured’s motion to remand under the fraudulent joinder doctrine...
Insurer Obtains Summary Judgment in Body Shop Litigation
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract, bad...
Summary Judgment To Insurer: Continuing Investigation & Negotiation Implies Reasonableness
The Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed the insureds’ bad faith claim after...
No “Doubt” UIM Rejection Form Valid
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract and bad...
“Participation Theory” Insufficient to Render Liability Against Insurance Professional
The Western District of Pennsylvania recently granted an insurer’s motion to dismiss claims asserted against an insurance adjuster after finding...
UTPCPL Claim Against Insurance Agent Found “Colorable”
Judge Horan of the United States District Court for the Western District of Pennsylvania recently granted an insureds’ motion to remand after...
No Obligation to Pay “Undisputed Amount”
The Eastern District of Pennsylvania recently denied an insured’s motion for summary judgment after finding that an insurer did not concede...
Appraisal Provision Enforced
In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion...
Sayles Does Not Preclude Request For IME
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer did not act in...
PA Federal Court Clarifies: Damage to Product due to Defective Design and Workmanship is Not an “Occurrence”
The Eastern District of Pennsylvania recently held that three insurance companies are not obligated to defend or indemnify Tristar Products Inc. in...
“Red Flags” Provide “Ample Basis for Denial” of Theft Claim
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment to dismiss a bad faith claim after finding that the...
No Bad Faith In Denial Based Upon Disputed Residency
A judge in the Middle District of Pennsylvania recently granted an insurer’s motion for partial summary judgment and dismissed a bad faith claim...
Household Vehicle Exclusion Upheld By Third Circuit
The Third Circuit recently affirmed that the household vehicle exclusion in an automobile insurance policy may be applied to bar stacked...
No Bad Faith In Concluding Injury Would Not Breach Limited Tort
The Middle District of Pennsylvania recently granted an insurer’s motion for partial summary judgment to dismiss a bad faith claim after finding...
PA Supreme Court Finds “Strict Liability” Applies to Catch-All UTPCPL Provision
In a 4-3 decision, the Supreme Court of Pennsylvania recently held that a “strict liability” standard applies to a claim under the “catch-all”...
Court Finds Reservation of Rights Effective as to Successive Policies
Reaffirms That Scope of Coverage is Not Subject to Waiver, Foreseeable Damage to Third Party Property Is Not an Occurrence, and There Can Be No Bad...
Bad Faith Verdict Upheld – But No Punitives
The Superior Court of Pennsylvania recently affirmed a trial court’s finding that an insurer acted in bad faith by i) “failing” to adequately...
Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”
The Western District of Pennsylvania recently granted a motion to compel the production of an insurer’s “best practices” guide, which the insurer...
Summary Judgment for Insurer in Dispute Over Payment of “Undisputed” Amount
The Federal District Court for the Western District of Pennsylvania recently granted an insurer’s motion for partial summary judgment as to a bad...
Third Circuit Affirms: Four Corners Rule Does Not Apply to Non-Insureds
The Third Circuit Court of Appeals recently affirmed a District Court’s decision to grant an insurer’s motion for summary judgment because the...
No Bad Faith For Alleged Failure To Uncover Applicable Limits
The United States District Court for the Western District of Pennsylvania recently granted an insurer’s motion for summary judgment on a bad faith...
Court Finds Insurer Too Late To Litigate After Setting Up A “Hostage Situation”
A federal district court recently concluded that an insurer which had denied defense and indemnification obligations to its insured was too late to...
Court Finds Insured Cannot “Side-Step” Statute of Limitations
A federal court recently granted summary judgment in favor of two insurers based upon the statute of limitations after concluding that the statute...
$20,000 Theft Claim Results in $1,000,000 + Bad Faith Award
Following a bench trial in which bad faith was found against an insurer that denied its insured’s theft and vandalism claims, the Court of Common...
$1,000,000 Typo Not Binding as to Coverage Limit
The Superior Court of Pennsylvania recently affirmed a trial court’s order granting summary judgment in favor of an insurer on breach of contract...
Despite 21 Million Reasons, No Supreme Court Decision in Bad Faith Case
The Supreme Court of Pennsylvania was unable to reach a majority disposition in Berg v. Nationwide and dismissed the appeal, effectively upholding...
“Deems Expedient” Clause Results in Expedient Dismissal of Bad Faith Lawsuit Over Settlement of Claim
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss breach of contract and bad faith claims after finding that the...
Citing ‘Shifting Landscape,’ Court Declares Regular Use Exclusion Invalid
The Court of Common Pleas of Northampton County recently granted an insured’s motion for partial summary judgment after holding that the regular use...