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Since the enactment of Pennsylvania's bad faith statute, 42 Pa.C.S.A. § 8371, the Firm has been actively involved in the defense of bad faith/extra-contractual claims against its insurance company clients. Additionally, the firm has represented several excess insurance carriers in suits involving late notice and bad faith against primary insurance carriers. Whether the allegations involve improper claims handling practices, late payments, insured misrepresentations, refusal to settle within policy limits, or any other potential grounds for extra-contractual damages, our attorneys are uniquely qualified to handle the broad spectrum of "bad faith" and extra-contractual claims which confront insurance companies on a daily basis.
Our notable recent successes include the following:
- Excess Carrier's Duty to Primary Carrier. In the case of Greater New York Mutual Ins. Co. v. North River Ins. Co., 872 F. Supp. 1403 (E.D.Pa. 1995), this Firm successfully prosecuted a case on behalf of an excess carrier for the primary carrier's bad faith refusal to settle within policy limits against the recommendation of its insured's counsel as well as defense counsel selected by the primary carrier.
- Fraud and False Swearing. Won a motion for summary judgment in a bad faith claim filed by an insured against a property insurer based on the property insurer's refusal to pay a property claim. In Savadove v. The Vigilant Insurance Company, 1999 WL 236602 (E.D.Pa. 1999), this Firm successfully argued that the insured's misrepresentations in submitting a property damage claim voided the property policy at issue thereby relieving the insurer from its obligation to pay the claim under the policy.
- Late and Insufficient Payments. Obtained a defense verdict at trial for an insurance carrier which allegedly failed to make timely and sufficient payments on a series of fire and theft losses. In Slavin Productions, Inc. v. USF&G, this Firm won a jury verdict for USF&G against USF&G 's insured on the insured's claim of bad faith claims-handling practices in the adjustment of a series of fire and theft-related losses.
- Misrepresentation by Carrier as to Policy Limits. Successfully defended an insurance carrier in an action which alleged that the carrier negligently misrepresented its policy limits thereby affecting another carrier's decision to try, rather than settle, a personal injury case brought by a paraplegic.
- ACT 6 Automobile Accidents. Defended and obtained favorable settlements for insurance carriers in claims arising out of alleged violations of Act 6 for refusing to pay medical benefits resulting from auto accidents.
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Deasey, Mahoney & Valentini
Philadelphia Office
Suite 3400
1601 Market St.
Philadelphia, PA 19103
Telephone: (215) 587-9400
Facsimile: (215) 587-9456
dmv@dmvlawfirm.com
Deasey, Mahoney & Valentini
New Jersey Office
80 Tanner Street
Haddonfield, NJ 08033-2419
Telephone: (856) 429-6331
Facsimile: (856) 429-6562
Deasey, Mahoney & Valentini
Media Office
103 Chesley Drive
Lafayette Building
Suite 101
Media, PA 19063
Telephone: 610-892-2732
Facsimile: 610-892-2926
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