Insurance Bad Faith in Pennsylvania, 22nd Edition

by Richard L. McMonigle Jr., Jeffrey M. Brenner, Bryan M. Shay

Overview

For over 20 years, Insurance Bad Faith in Pennsylvania has been one of the most trusted, go-to references in Pennsylvania—for busy practicing attorneys, insurer in-house legal departments, claims professionals, judges, and law clerks alike. 

This clearly-written, straightforward volume examines every important issue relating to bad faith lawsuits under Pennsylvania’s common law and under §8371—Pennsylvania’s “Bad Faith Statute.” 

Now including discussion of over 100 new trial and appellate court decisions, as well as all significant bad faith cases, the 20th Edition will prepare you to handle any dispute in the bad faith arena. 

Included in the 20th Edition of Insurance Bad Faith in Pennsylvania: 

• Summaries of all significant bad faith cases, organized by category
• Discussion of over 100 new trial and appellate court opinions
• Update on the important punitive damages case, Berg v. Nationwide Ins. Co. 
• In-depth analysis of the hottest topics in the field, including: 
  • Federal court dismissal of bad faith complaints under Iqbal and Twombly decisions 
  • The questionable expansion of first- and third-party common law bad faith 
  • Bad faith claims seeking compensatory and consequential damages 
  • Post-Koken UM and UIM bad faith claims 
  • Disputes over delay in payment and settlement negotiations
• Discussion of strategic considerations in presenting, and defending against, bad faith claims 
• The latest court decisions dealing with discovery battles over claims-handling documents 
• Updated Verdict Index, summarizing bad faith trial verdicts in Pennsylvania 

Product Details

ISBN-13:	9781588526021
Publisher:	ALM Media Properties, LLC
Publication date:	12/28/2021
Sold by:	Barnes & Noble
Format:	eBook
Pages:	1980
File size:	2 MB

About the Author

Richard McMonigle

RICHARD L. McMONIGLE, Jr. is Senior Counsel in the Insurance Law Department of Post & Schell, P.C.  In over thirty years as an insurance coverage and bad faith trial attorney, he has earned a stellar reputation defending insurance companies and their employees in litigation involving complex coverage issues, alleged bad faith, policyholder fraud, and life, health, and disability claims.  He has authored numerous articles on bad faith and provided training to claims handlers and attorneys on the subject.  Mr. McMonigle serves as a consultant and testifying expert witness in insurance bad faith litigation, and has been retained by parties for both insurers and policyholders to serve as a voluntary mediator in insurance disputes.  He is also the author of ALM’s Insurance Bad Faith in New Jersey.

Table of Contents

Chapter 1: Introduction
Chapter 2: Historical Development of Bad Faith
Chapter 3: Common Law Bad Faith in Pennsylvania
Chapter 4: Parties to a Bad Faith Action Under §8371
Chapter 5: The Nature and Scope of an Action Under §8371
Chapter 6: Defining Bad Faith Under §8371
Chapter 7: Procedural Issues in Bad Faith Actions
Chapter 8: Proving Bad Faith
Chapter 9: Examples Where Courts Have Found Bad Faith May Exist
Chapter 10: Examples Where Bad Faith Has Been Found Not to Exist
Chapter 11: Damages Recoverable: Attorneys’ Fees, Costs and Interest
Chapter 12: Damages Recoverable: Compensatory Damages
Chapter 13: Damages Recoverable: Punitive Damages
Chapter 14: Discovery in Bad Faith Litigation
Chapter 15: Application of Bad Faith to Medical and Wage Loss Claims Under the Motor Vehicle Financial Responsibility Law
Chapter 16: Reverse Bad Faith
Chapter 17: Additional Issues Under the Bad Faith Statute
Chapter 18: The Unfair Trade Practices and Consumer Protection Law and Insurer Bad Faith