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Here’s a Thought: If There Ain’t No Coverage, There Ain’t No Bad Faith, by Daniel E. Cummins, TORT TALK


In their recent ‘non-precedential’ decision (why do they mark them ‘on-precedential’ on occasion?!) in the bad faith case of Yera v. Travelers Ins. Co., of Am., 1398 EDA 2013 (Pa. Super. April 22, 2014)(Ford Elliott, P.J.E., Ott, J., Strassburger, J.) (Opinion by Ott, J.)(Concurring and Dissenting Op. by Strassburger, J.), the Pennsylvania Superior Court affirmed a trial court’s finding that the homeowner’s insurance  carrier for the Plaintiff did not act in bad faith by waiting six (6) months to deny the Plaintiff’s fire loss claim as there could be no bad faith claim where there was an underlying decision that the carrier need not afford any coverage under the policy in any event. . . .