Publications
Once liability and extent of damages under a policy are determined, bad faith action accrues even if breach of contract liability has not been found.
Once coverage liability and the extent of damages under an insurance policy have been determined, a bad faith action has accrued, even if there has yet to be any finding of breach of contract liability.
Case Law Alerts, 4th Quarter, October 2014
Insurers’ determination did not lack reasonable basis. Bad faith claim dismissed.
The insureds failed to offer evidence refuting the testimony and position of the insurer. By the insurance policy’s clear terms, the insurer’s determination did not lack a reasonable basis.
Case Law Alerts, 4th Quarter, October 2014
Attorney-client privilege does not apply when attorney acts as claims investigator.
Court rules that attorney-client privilege does not apply where an attorney acts as a claims investigator.
Case Law Alerts, 4th Quarter, October 2014
Case law changed. Stipulated judgments with covenants not to execute.
A stipulated judgment with a covenant not to execute constitutes the floor rather than the ceiling of damages recoverable from a third-party liability insurer on the ultimate assigned bad faith claims. This changed the prior case law.
Case Law Alerts, 4th Quarter, October 2014
Public policy vs. language of policy agreement.
The trial court erred in examining and relying upon public policy rather than the plain language of the policy agreement.
Case Law Alerts, 4th Quarter, October 2014
Terms of the insurance contract are not facially ambiguous.
The terms of the insurance contract are not facially ambiguous. However, the basic undisputed facts agreed to by the parties demonstrate the existence of the alleged latent ambiguities in the terms of the contract.
Case Law Alerts, 4th Quarter, October 2014
Damages for slander of title can include the costs to remove the cloud on title.
In a slander of title action stemming from an alleged wrongful lis pendens, damages can include the inability to obtain a conventional loan on a property, thus incurring increased loan costs and a higher interest rate; the loss of a contr
Case Law Alerts, 4th Quarter, October 2014
The Pennsylvania Unfair Trade Practices and Consumer Protection Law does not apply to political subdivision agencies.
Community College of Beaver County (CCBC), a Beaver County, Pennsylvania political subdivision agency, unsuccessfully filed partial summary judgment against the plaintiffs’ claim under the Pennsylvania Unfair Trade Practices and Consumer Pro
Case Law Alerts, 4th Quarter, October 2014
SEC obtains nearly $70 million judgment against firms and CEOs found liable for defrauding investors.
In April 2011, the SEC filed a complaint against a number of Richmond, Virginia-based firms and CEOs, alleging that they devised and orchestrated a fraud-related offering of millions of dollars of promissory notes and stock sold to numerous invest
Case Law Alerts, 4th Quarter, October 2014
Nearly $4 million awarded to registered representatives who sued their former broker dealer for fabricating customer complaints.
The claimants originally complained about investments in unspecified real estate investment trusts.
Case Law Alerts, 4th Quarter, October 2014