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Favorable Supreme Court Decision

Posted By Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

James C. Haggerty, Esquire
of HGSK filed an Amicus (Friend of the Court) Brief on behalf of the Pennsylvania
Association for Justice (“PAJ”) with the Supreme Court in Allstate
Insurance Company v. Wolfe. In that case, an important legal question
of first impression was presented to the Court. The Supreme Court was
asked to determine whether a bad faith claim under 42 Pa.C.S.A. §
8371 could, in fact, be assigned so that the insurance company could be
pursued for its bad faith actions. The Superior Court adopted many of
the arguments set forth by Jim Haggerty on behalf of PAJ and agreed that
a statutory bad faith claim under 42 Pa.C.S.A. § 8371 is, in fact,
assignable. This is a major victory for persons making claims against
insurance companies in Pennsylvania. With this decision, insurance companies
will not be able to hide behind the claim of “non-assignability”
in order to avoid claims for their bad faith actions. The actions of PAJ
were instrumental in obtaining this favorable result.