London v. Insurance Placement Facility

I concur in the majority’s determination that the trial court properly entered summary judgment in favor of the Facility on the insureds’ bad faith claim. I must respectfully dissent, however, from the majority’s conclusion that the provisions of Pennsylvania’s standard fire insurance policy, 40 P.S. § 636, do not cover Fair Plan insureds because I am convinced beyond peradventure that my colleagues are mistaken.

As the majority correctly notes, the Pennsylvania Fair Plan Act “was enacted to make insurance coverage available to protect property for which basic property insurance was not…