In Western Surety Company v. WGG, Inc., the court observed that while bad faith claims can be brought against an insurer in the nature of a tort (statutory bad faith) or contract (breach of duty of good faith and fair dealing), only the later type of claims exists against a surety.
Date of Decision: January 29, 2009
W. Sur. Co. v. WGG, Inc., UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, Civil Action No. 1:07-CV-1551, 2009 U.S. Dist. LEXIS 6220 (M.D. Pa. Jan. 29, 2009) (Kane, J.)