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2014 Pennsylvania Supreme Court Decision Allows Assignment of Bad Faith Claims

"The right to make assignments protects the most financially vulnerable policyholders from opportunistic breaches by their insurance companies at the crucial moments when policyholders rightfully expect their insurers to protect them as their fiduciaries." Allstate Prop. & Cas. Ins. Co. v. Wolfe, 105 A.3d 1181, 1186, n. 6 (Pa. 2014) (See Brief for Amicus United Policyholders at 30 (United Policyholders Amicus Brief Access)).

In December 2014, the Pennsylvania Supreme Court held that insured individuals are allowed to assign any bad faith claim they possess against their insurance company. Allstate Prop. & Cas. Ins. Co. v. Wolfe, 105 A.3d 1181 (Pa. 2014). United Policyholders filed an Amicus Brief that is cited throughout the Court's opinion. This is a favorable decision that helps further protect the rights of insured individuals, and those whom they may be liable against, from the unfair actions of insurance companies. The facts of this case includes an insurance company's (Allstate) insured who assigned all rights and claims which he might have against the insurance company to the individual to whom he was liable for hitting in a motor vehicle accident while driving under the influence.

See Wolfe v. Allstate Prop. & Cas. Ins. Co., 790 F.3d 487 (3rd Cir. 2015) for subsequent case activity.

 Check out the links below for more information on the Pennsylvania Court's decision.


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