Insurance

July 23rd, 2019 by Rieders Travis in Insurance

INSURANCE-BAD FAITH-UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW Wenk v. State Farm Fire & Casualty Company, 2020 Pa. Super. LEXIS 86 (February 7, 2020) Shogan, J.  This case dealt with many issues but upheld a verdict that the UTPCPL does not apply to the alleged bad faith handling of an insurance claim.  The UTPCPL applies to consumer transactions, which are statutorily defined.  The handling of an insurance claim does not meet the statutory definition.  The Superior Court affirmed the trial court’s discretionary finding that the insured failed to prove reckless or intentional misconduct by the insurance company that would warrant additional statutory relief.  There was no finding for bad faith either.   INSURANCE-FINANCIAL RESPONSIBILITY LAW-UM/UIM COVERAGE-STACKING-HOUSEHOLD EXCLUSION Kline v. Travelers Personal Security Insurance Company, 2019 Pa. Super. LEXIS 1157 (November 18, 2019) Gantman, P.J.E.  Appellant Kline obtained insurance with Travelers in August 2002.  He selected uninsured motorist benefits and underinsurance in the amount of $50,000 each person/$100,000 each accident.  He rejected stacked UIM coverage by signing a rejection of stacking waiver form.  The policy covered one vehicle at its inception, a1999 Pontiac Grand Prix.  The 1999 Pontiac Grand Prix was…