EMPTY JURY BOX (Brennan Linsley / Associated Press)
In many cases in many Courts across the nation, the argument has taken hold that if there is no coverage claim, there is no bad faith claim. The main exception has been statutory unfair claims handling practices claims which can exist independent of the common law.
"Similarly, Pennsylvania courts have held that if the insurer properly denied a claim, the policyholder is unable to state a bad faith claim." Kahn v. Pa. Nat'l Mut. Cas. Ins. Co., No. 1:20-cv-781, 2021 U.S. Dist. LEXIS 23090, at *11 n.5, 2021 WL 422607, at *5 n.5 (M.D. Pa. February 8, 2021).
The issues of "no coverage claim, no bad faith claim" and statutory exceptions, are discussed at length in Volume 1, DENNIS J. WALL, LITIGATION IN PREVENTION OF INSURER BAD FAITH § 3:28 (Third-Party Cases) and in Volume 2, id. §§ 9:1, 9:14 (First-Party Cases) (Thomson Reuters West 3d ed. & 2021 Supplements in process).
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