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Insurance Bad Faith in Pennsylvania 2024

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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."

The 24th edition of Insurance Bad Faith in Pennsylvania continues to provide comprehensive and in-depth analysis of all aspects of state law related to insurance bad faith litigation in Pennsylvania. A valuable resource for attorneys, judges, and claims professionals alike, Insurance Bad Faith in Pennsylvania is updated annually to ensure the most current coverage and insights.

  • Summaries and analysis of over 100 new trial and appellate court opinions issued by Pennsylvania state and federal courts during 2023 provide key updates, including:
    • Federal court dismissal of bad faith complaints under the Iqbal and Twombly decisions 
    • Bifurcation and severance of bad faith claims from the underlying contractual or third-party disputes 
    • Bad faith claims seeking compensatory and consequential damages 
    • Post-Koken UM and UIM bad faith claims 
    • Bad faith claims arising from COVID-19 coverage disputes
  • Revised and updated discussion of the interaction between Pennsylvania’s bad faith statute and other state and federal statutes, such as ERISA and the Unfair Trade Practices and Consumer Protection Law 
  • Discussion of strategic considerations when presenting and defending against bad faith claims, including discovery strategy and motion practice, plus an updated Verdict Index summarizing bad faith trial verdicts and awards in Pennsylvania state and federal courts

Additional Information
Division Name The Legal Intelligencer
Volumes 1
Product Types Books
Brand The Legal Intelligencer
Publication Date December 28, 2023
Jurisdiction Pennsylvania
ISBN 978-1-58852-788-2
Page Count 1870
Edition 24th
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Richard L. McMonigle, Jr.

Richard L. McMonigle, Jr. is Senior Counsel in the Insurance Law Department at the law firm of Post & Schell, P.C., where he works in the firm’s Philadelphia and New Jersey offices. Mr. McMonigle has spent over three decades representing national clients in significant insurance coverage and claims compliance matters. A veteran litigator, 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 provides in-house training to insurance professionals on coverage interpretation and claims handling procedures. He serves as an expert consultant and testifying expert witness on behalf of parties in insurance bad faith litigation. Additionally, he has been retained by parties for both insurers and policyholders to serve as a voluntary mediator in coverage and alleged bad faith disputes. He is a co-author of ALM-Global’s Insurance Bad Faith in New Jersey, now in its 24th Edition.

Bryan M. Shay

Bryan M. Shay is a Principal in Post & Schell’s Philadelphia and New Jersey offices, and he is a member of the firm’s Insurance Law Department. With a practice focused on insurance coverage and bad faith litigation, Mr. Shay advises and represents national clients in a variety of complex coverage disputes arising from both commercial and personal insurance policies, including CGL coverage claims related to construction defects and injuries; property insurance claims; commercial and personal automobile claims; life, health, and disability insurance claims; ERISA litigation; insurance fraud and rescission; and indemnity and allocation disputes between insurers. Mr. Shay has substantial experience litigating bad faith actions in Pennsylvania and New Jersey that involve a variety of personal and commercial lines of insurance coverage, and he has frequently written and presented on topics related to good faith claims handling and insurance coverage.

Jeffrey M. Brenner

Jeffrey M. Brenner is a Principal in Post & Schell’s Insurance Law Department where he represents national and regional insurers in complex insurance coverage and bad faith disputes involving personal and commercial lines. He has served Post & Schell’s insurance clients in more than 40 states, including many with significant bad faith exposure, including: California, Florida, Illinois, Maryland, Michigan, New Jersey, New York, Pennsylvania, and Texas, with a full spectrum of complex coverage consulting services, including coverage opinions, reservation of rights and denial letters, examinations under oath, rescission, interpleader, and declaratory judgment actions. Additionally, he routinely handles agent-broker disputes, and causes of action filed under Pennsylvania’s Unfair Trade Practices Act and Consumer Protection Law.

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