Tag Archives: Pennsylvania

Insurance Company Acting in Bad Faith? Pennsylvania Protects Policyholders if Facts Are Plead

Policyholders need insurance laws which protect them if their insurance company delays, denies or wrongfully adjusts their claim. Attorneys have long recognized that insurance law is a specialized niche area of the law with strange nuances. Attorneys not dedicated to this field of law may fail to appreciate or may even miss small but important … Continue Reading

Merlin Law Group Webinar – How Rancosky and other Pennsylvania Regulations Help Put You in the Adjustment Driver Seat

Join Robert Trautmann and myself, on February 16, 2018, at 2:00 pm for a free one-hour webinar to discuss the Supreme Court of Pennsylvania’s recent decision in Rancosky v. Washington National Insurance Company,1 which upheld the current bad faith standards and specifically noted that an insured need not prove malicious intent to prevail on a … Continue Reading

Supreme Court of Pennsylvania Upholds Bad Faith Standards But Does Not Require a Showing of Malicious Intent

In Pennsylvania, 42 Pa.C.S. § 8371 permits an insured to recover punitive damages, court costs, attorney’s fees and interest, on claims where an insurer has acted in bad faith. On September 28, 2017, the Supreme Court of Pennsylvania issued a ruling1 upholding the current bad faith standards and specifically noting that an insured does not … Continue Reading

Allstate Voids Policy and is Awarded Damages Due to Policyholder Misrepresentations

On November 22, 2016, Judge Berle M. Schiller from the District Court for the Eastern District of Pennsylvania issued his Opinion and Order in Payne v. Allstate Insurance Company, granting summary judgment to Allstate and awarding them $25,000 in damages, after finding that the Plaintiff made material misrepresentations while securing the homeowners policy.… Continue Reading

Grandson Residing on Property Was an “Insured” for Purposes of Policy’s “Intentional Loss” Exclusion

In property insurance coverage disputes, whether or not someone is considered an “Insured” depends on a variety of factors. The first step is to look to the language of the governing insurance policy to see how an “Insured” is defined. Often, however, the answer to this question turns on the facts surrounding any given claim … Continue Reading

Federal Court Refuses to Dismiss Bad Faith Claim Where Adjuster Instructed Insured to Secure Roof with Tarp and Insured Suffered Injuries

In a recent Memorandum Order out of the Western District of Pennsylvania, Selmek v. State Farm Fire and Casualty Company,1 a State Farm adjuster requested that the insured assist her in inspecting a damaged roof and securing it from further damage. Carl and Amy Selmeks’ home and detached garage (located 100 yards away from the … Continue Reading

Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania

We frequently field requests from public adjusters and clients concerning appraisal and scope of damages. The situation arises when appraisal is demanded by the insured and the carrier objects, arguing that appraisal is only for issues of price and cannot be invoked unless there is an agreed upon scope of damage. This notion was soundly … Continue Reading

Breach of Contract, Bad Faith & Statutes of Limitation in Pennsylvania – Part 1

As my colleague, Denise Sze, pointed out in her recent blog post, “When Does a ‘Date of Loss’ Actually Manifest in California,” for both the policyholders and the attorneys representing them, the statute of limitations of a claim is extremely important. In Pennsylvania, Title 42 Pa.C.S.A. §5225, sets the limitations on time for bringing suit … Continue Reading
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