April 2009 Bad Faith Cases No Tort Cause Of Actions Against Surety Akin To Statutory Bad Faith Claim Against Insurers (Middle District)

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.)