Insurance Bad Faith in Pennsylvania
Richard L. McMonigle, Jr.
Post & Schell, P.C.
RICHARD. L. MCMONIGLE, Jr., is a Senior Counsel in the Insurance Law Department of Post & Schell, P.C., in their Philadelphia and New Jersey offices. Mr. McMonigle is a seasoned veteran of bad faith litigation. He has earned a stellar reputation in matters of complex coverage issues, alleged bad faith, policyholder fraud, as well as life, health, and disability claims. In addition to his extensive litigation experience, he has written numerous articles on bad faith and regularly provides training to claims handlers and attorneys on the subject. He also serves as a voluntary mediator and legal consultant in insurance disputes, and is the author of The Legal Intelligencer’s Insurance Bad Faith in New Jersey.
There may be no area of the law more hotly contested than that of insurance bad faith. Now, attorneys, judges and those within the insurance industry can get a clear understanding of all the legal issues with the 20th Edition of Insurance Bad Faith in Pennsylvania.
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 will be able to handle any debate in the bad faith arena.
- Introduction to the Law of Insurer Bad Faith in Pennsylvania
- Historical Development of Bad Faith
- Common Law Bad Faith in Pennsylvania
- Parties to a Bad Faith Action Under Section 8371
- The Nature and Scope of an Action Under Section 8371
- Defining Bad Faith Under Section 8371
- Procedural Issues in Bad Faith Actions
- Pleading and Proving Bad Faith
- Examples Where Courts have Found Bad Faith May Exist
- Examples Where Bad Faith Has Been Found Not to Exist
- Damages Recoverable: Attorneys’ Fees, Costs and Interest
- Damages Recoverable: Compensatory Damages
- Damages Recoverable: Punitive Damages
- Discovery in Bad Faith Litigation
- Application of Bad Faith to Medical and Wage Loss Claims Under the Motor Vehicle Financial Responsibility Law
- Reverse Bad Faith
- Additional Issues Under the Bad Faith Statute
- The Unfair Trade Practices and Consumer Protection Law and Insurer Bad Faith