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

Sometimes when researching one issue, a case will pop up that isn’t what we were looking for, but nonetheless is worthy of note. While I was trying to help a public adjuster with some case law research the other day, I came across this gem out of Pennsylvania. Back in 1991 the Superior Court of Pennsylvania held that an insurer’s “policy provision which limited the insurer’s liability to actual case values of property unless replacement has been made was void as unconscionable.”1
Continue Reading Court Holds Actual Cash Value Policy Provision Unconscionable

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 need to prove malicious intent in order to prevail.
Continue Reading Supreme Court of Pennsylvania Upholds Bad Faith Standards But Does Not Require a Showing of Malicious Intent

A recent class action lawsuit filed in Pennsylvania1 raised an issue that policyholder advocates and public adjusters see all over the country – insurers that try to exclude overhead and profit from property damage claim payments made on an actual cash value basis.
Continue Reading Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?

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 Allstate Voids Policy and is Awarded Damages Due to Policyholder Misrepresentations