Bad Faith

Improper Policy Cancellation Does not Support A Statutory Bad Faith Claim

The U.S. District Court for the Western District of Pennsylvania in Devein Dalessio Trucking, LLC v. Progressive Corp. recently held that Plaintiff’s statutory bad faith claim cannot be exclusively based on an allegedly improper cancellation of a policy and granted the carrier’s motion to dismiss. Pennsylvania’s bad faith statute is limited to causes of action …

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REASONABLY RELYING ON EXPERTS IS A MERITORIOUS DEFENSE IN BAD FAITH LITIGATION

In order to recover under Pennsylvania’s bad faith statute, a party must prove, by clear and convincing evidence, that (1) the insurer did not have a reasonable basis for its coverage determination, and (2) the insurer knew of or recklessly disregarded the lack of a reasonable basis. Rancosky v. Wash. Nat’l Ins. Co., 170 A.3d …

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