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Judge Kelly Defines the Contours of Bad-Faith Delay Claims

The Legal Intelligencer

October 21, 2011

Several months ago, Senior U.S. District Judge Robert F. Kelly of the Eastern District of Pennsylvania provided some insight and important analysis of bad-faith delay claims. In the case, Tomer v. Allstate, plaintiff Nancy Tomer filed a bad-faith claim against Allstate arising out of Allstate's handling of her UIM claim. The claim included cognitive brain injury claims and some additional injury claims, including a claim of three fractured teeth made almost three full years following the accident. In addition, Tomer made claims of psychiatric injury as well.

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