363 Pa. Super. 415 - Hall v. Brown’s Empirical Analysis

Citation profile

2 federal appellate · 32 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is settled law that an insurer may be held liable for the entire amount of the judgment against its insured, regardless of the policy limits, if in handling the claim the insurer acted in bad faith in the discharge of its contractual duties. Cowden v. Aetna Casualty & Surety Company, 389 Pa. 459 , 134 A.2d 223 (1957). By asserting a right under the policy to handle all claims, including a right to make a binding settlement, the insurer assumes a fiduciary position toward the insured and becomes liable to act in good faith and with due care in representing the interests of the insured. Gedeon v. State Farm Mutual Automobile Insurance Company, 410 Pa. 55 , 188 A.2d 320 (1963); Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 , 223 A.2d 8 (1966); Moody v. Nationwide Insurance Company, 257 Pa.Super. 642 , 390 A.2d 311 (1978). The insurer has not satisfied the good faith standard merely by demonstrating that it acted sincerely. More is required, including an intelligent and objective appraisal of the case in order to best determine the advisability of settlement. Shearer v. Reed, 286 Pa.Super. 188 , 428 A.2d 635 (1981). In order to recover, the insured must prove by clear and convincing evidence that the carrier acted in bad faith. Cowden, supra. As the preceding discussion demonstrates, a determination by the factfinder that an insurer has acted in bad faith toward its insured is anything but a mechanical one. Rather, it is one which relies on consideration of many dif”

   1 later decision quote this exact passage
   e.g. Brown v. Candelora

2. ““In order for the case at bar (which was decided prior to Craig) to receive the post-trial delay damages hearing mandated by Craig , appellant would have had to raise the issue of the constitutionality of rule 238 in the court below. Morgan v. Monessen Southwestern Railway Company, 513 Pa. 86 , 518 A. 2d 1171 (1986). Since this issue was raised for the first time on appeal; it has been waived, and the mandatory provisions of rule 238 properly apply.” Hall, supra.”

   1 later decision quote this exact passage
   e.g. 1 Pa. D. & C.4th 459 - Wilkerson v. Allied Van Lines Inc.

3. “it is clear that a determination that an insurance carrier is liable for delay damages, even under [a] more discretionary and fault-based analysis, is something less than a finding that the carrier acted in bad faith.”

   1 later decision quote this exact passage
   e.g. Feldman v. PA MED. PROF. LIABILITY FUND