MARCH 2016 BAD FAITH CASES: WHERE EXCLUSION APPLIES AND THERE IS NO DUTY TO DEFEND THERE CAN BE NO BAD FAITH CLAIM (Superior Court of Pennsylvania, Non-Precedential)

In Peoplekeys, Inc. v. Westfield Insurance Company, the Superior Court affirmed the trial court’s decision, in which the trial court had concluded: “It is evident that the former employee’s counterclaim against Plaintiffs falls within an exclusion for coverage. Accordingly, Defendant had no duty to defend, and the counts for breach of contract and bad faith, necessarily, must fail.”

Date of Decision:  February 25, 2016

Peoplekeys, Inc. v. Westfield Ins. Co., No. 100 WDA, 215, 2016 Pa. Super. Unpub. LEXIS 599 (Pa. Super. Ct. February 25, 2016) (Bender, Shogan, Stabile, JJ.) (Non-Precedential)