Laura Colantuno Steven Colantuno, H/w v. Aetna Insurance Company

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this diversity case, we are asked to determine whether a Pennsylvania insurance statute which imposes penalties for bad faith is applicable to policies written before the statute’s effective date. The district court determined that the penalties provided in the statute only apply to insurance policies entered into after the statute’s effective date and dismissed under Fed.R.Civ.P. 12(b)(6). We will reverse,

j.

We exercise plenary review over the district court’s order, Ditri v. Coldwell Banker Residential Affiliates, Inc., 954 F.2d 869, 871 (3d…