Friday, April 21, 2017

Bifurcation of Coverage and Bad Faith Issues Denied in Eastern District Case

In the case of Eizen Fineberg & McCarthy, P.C. v. Ironshore Specialty Ins. Co., No. 16-2461 (E.D. Pa. Dec. 7, 2016 Slomsky, J.), the court denied a carrier’s Motion to Bifurcate the insured’s bad faith claim from a coverage claim. 

The carrier argued that the bad faith claims were dependent upon a finding of a breach of contract and that it would impose unnecessary discovery burdens on the parties in a case that could be resolved through a finding of no coverage (and, therefore, no bad faith).  

The court refused to find that the insured’s bad faith was dependent upon the carrier’s coverage claim.   The court noted that there could be other bases for the claim for bad faith.   The court also noted that judicial economy would be served by litigating the two (2) claims together.  

Anyone wishing to review this case may click this LINK.
I send thanks to Attorney Lee Applebaum of the law firm of Fineman Krekstein & Harris and the writer of the Pennsylvania and New Jersey Insurance Bad Faith Case Law Blog for bringing this case to my attention. 

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