· 4/20/2011
Simmons v. Nationwide Mutual Fire Insurance
Citations
- 788 F. Supp. 2d 404
- 2011 U.S. Dist. LEXIS 42724
- 2011 WL 1527800
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that where plaintiff alleges defendant breached “duty of good faith and fair dealing by denying first party benefits under an insurance policy, said claim is subsumed by the plaintiffs breach of insurance contract claim premised on the same conduct ” (emphasis added)
- dismissing a count of the complaint alleging breach of the implied covenant of good faith and fair dealing as \redundant and unnecessary\ in light of other counts alleging breach of contract
- “Compensatory damages are available under Pennsylvania’s common law of contracts, even where the action is brought under a bad faith theory.”
- “... Pennsylvania law does not recognize a separate breach of contractual duty of good faith and fair dealing where said claim is subsumed by a separately pled breach of contract claim”
- “... Pennsylvania law does not recognize a separate breach of contractual duty of good faith and fair dealing where said claim is subsumed by a separately pled breach of contract claim”
Source: CourtListener parenthetical corpus (CC0).
Judges: Terrence F. McVerry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.