Some Lessons From Berg v. Nationwide Mut. Ins. Co. - JD Supra (press release)
As some will likely recall, in 2012 the case was remanded by the Superior Court of Pennsylvania to the trial court for a new non-jury trial on the insured-plaintiffs’ claim under Pennsylvania’s bad faith statute, 42 Pa. C. S. A. § 8371. In June of... Nationwide filed an appeal of this decision on April 27, 2015, arguing that, inter alia , the trial court erred in concluding that Nationwide had violated Pennsylvania’s bad faith statute and abused its discretion in awarding attorneys’ fees and... By way of background, the dispute arose out of an auto accident in September of 1996 in which the Bergs’ 1996 Jeep Grand Cherokee sustained extensive damage. ” The Bergs took the Jeep to a facility participating in Nationwide’s “Blue Ribbon” repair program. Based on the testimony of the manager of the Blue Ribbon repair facility and Nationwide’s claims representatives, the trial court found that an initial appraisal of the vehicle by the Blue Ribbon facility existed declaring the Jeep a $25,000 total... According to the trial court, this estimate was then vetoed by Nationwide and a second repair estimate was completed, stating that the Jeep could be repaired for $12,300. After approximately four months of repairs at a second facility, the Jeep was. Source: www.jdsupra.com
