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Expert Analysis

Applying Contractual Principles In Pa. Unfair-Trade Claims

By Charlotte Thomas (August 22, 2017, 11:26 AM EDT) -- Claims against insurers under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) occupy a unique place in its jurisprudence. Insurance is highly regulated, and many other recovery avenues exist in Pennsylvania for aggrieved insureds, such as breach of contract and bad faith. Usually, insurance claims are tethered to contract law, since the insured-insurer relationship and duties are governed by the insurance policy. Courts should be reluctant to ignore contractual principles when a UTPCPL claim arises out of a policy....

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