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Date: 11-22-2023

Case Style:

Sean Simpson v. Liberty Mutual Insurance Company, et al.

Case Number: 2:23-cv-04133

Judge: Gerard J. Pappert

Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)

Plaintiff's Attorney:

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Defendant's Attorney: Allison Louise Krupp

Description: Philadelphia insurance law lawyers represented the Plaintiff who sued the Defendants on bad faith breach of insurance contract theories.

"Pennsylvania bad faith breach of insurance contract law is a type of tort law that protects policyholders from unfair and unreasonable practices by insurance companies. Bad faith can occur when an insurance company denies, delays, or underpays a valid claim, or when it handles a claim in a way that is unreasonable or unfair.

Elements of a Bad Faith Claim in Pennsylvania

To succeed in a bad faith claim in Pennsylvania, a plaintiff must prove the following elements:

An insurance policy: The plaintiff must have an insurance policy with the defendant insurance company.

A valid claim: The plaintiff must have filed a valid claim with the defendant insurance company.

Bad faith: The defendant insurance company must have acted in bad faith in handling the claim. This means that the insurance company must have acted unreasonably or unfairly, and that its actions must have caused the plaintiff to suffer damages.

Damages in a Bad Faith Claim

In a bad faith claim, a plaintiff can recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and punitive damages.

Punitive Damages

Punitive damages are a type of damages that are awarded to punish the defendant and to deter future bad faith conduct. Punitive damages are only available in cases where the defendant's conduct was particularly egregious or malicious.

Statute of Limitations for Bad Faith Claims in Pennsylvania

The statute of limitations for bad faith claims in Pennsylvania is generally two years from the date of the insurance company's last act of bad faith. However, there are some exceptions to this rule. For example, if the plaintiff was a minor at the time of the bad faith conduct, the statute of limitations may be tolled until the plaintiff reaches the age of majority.

Consulting with an Insurance Attorney in Pennsylvania

If you believe that your insurance company has acted in bad faith, it is important to consult with an experienced insurance attorney as soon as possible. An attorney can assess your case, advise you of your legal options, and help you file a bad faith claim."

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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Defendant's Experts:


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