NOVEMBER 2007 BAD FAITH CASES COURT BIFURCATES DUTY TO DEFEND CASE AND BREACH OF CONTRACT/BAD FAITH CLAIMS (Philadelphia Commerce)

    

In Telecommunications Network Design, Inc. v. Brethren Mutual Ins. Co., the Philadelphia Commerce Court “bifurcated the case, so that the issue of whether [the carrier] had a duty to defend … in the Underlying Action could be addressed first. Only if such a duty is found to exist will the issues of indemnification and bad faith subsequently need to be addressed.”

Date of Decision:  May 10, 2007

Telecommunications Network Design, Inc. v. Brethren Mutual Ins. Co., 2007 Phila. Ct. Com. Pl. LEXIS 156  (C.C.P. Philadelphia May 10, 2007) (Abramson, J.),

 

L.A.