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Covers Pennsylvania's common law and §8371 - Pennsylvania's "Bad Faith Statute."Insurance Bad Faith in Pennsylvania is designed for busy practicing attorneys, claims professionals, judges and law clerks. 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." With this helpful book, you'll be able to handle any debate in the bad faith arena.Insurance Bad Faith in Pennsylvania includes the following:- Oversixty-five (65) new court opinions briefed and discussed- Summaries of all significant bad faith cases, organized by category- Discussion of the impact of recent important decisions, including:The ongoing litigation in Berg v. Nationwide Ins. Co.Wolfev. Allstate, and assignability of §8371 bad faith claimsMcMahon v. Medical Protective, and third-party bad faith claimsThe Supreme Court decision in Babcock & Wilcox Co. v. American Nuclear Insurers- In-depth analysis of the hottest topics in the field:The questionable expansion of first- and third-party common law bad faithContinuing debate over severance and bifurcation in post-Koken UM and UIM claimsDisputes over delay in payment and settlement negotiationsClaims for compensatory and consequential damages- Strategic considerations in presenting, and defending against, bad faith claims- The latest court decisions dealing with the discover ability of claims handling documents, and protection afforded for attorney communications and work product- Updated Verdict Index, summarizing bad faith trial verdicts in Pennsylvania
Extracontractual Claims Against Insurers is an authoritative, insiders perspective on the best practices for defending insurers facing bad faith litigation and the potential for punitive damages. Featuring partners and shareholders from some of the nations leading law firms, these experts guide the reader through their strategies for handling claims against insurers for allegedly failing to handle or pay claims properly and offer advice on helping clients prevent or minimize their susceptibility to litigation. From understanding bad faith trends and analyzing the impact of recent case decisions to developing an appropriate defense strategy for each client, these authors discuss the types of claims that currently dominate the legal landscape, and negotiation and settlement options in these scenarios. Additionally, these top lawyers reveal their predictions for the continued evolution of bad faith claims in the insurance arena and make recommendations for staying ahead of these changes to address client concerns. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this ever-evolving area of law.