Malice Not Needed To Prove Insurer Bad Faith: Pa. Justices

Law360, Los Angeles (September 28, 2017, 10:54 AM EDT) -- The Pennsylvania Supreme Court on Thursday declined to require a showing of intentional ill will or malice in order for policyholders to win the day when pursuing claims of bad faith conduct against insurers, instead finding that ill will is merely a factor in assessing such claims.

The state justices unanimously affirmed a decision by the state's Superior Court concluding that an insurance carrier's motive of self-interest or ill will is merely one factor that can be considered in an analysis of potential bad faith conduct — and the attendant punitive damages that could follow — under Section 8371 of the...

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