Rancosky v. Washington National Insurance

CONCURRING AND DISSENTING

OPINION BY JENKINS, J.:

I concur with the majority’s decision to affirm the entry of summary judgment in favor of Conseco1 on Martin’s claims. I respectfully dissent from the majority’s decision to vacate the judgment on LeAnn’s claims and remand for a new trial on LeAnn’s claim for bad faith under 42 Pa. C.S. § 8371. In my view, LeAnn’s bad faith claim is time-barred under Pennsylvania’s two-year statute of limitations for bad faith, 42 Pa.C.S. § 5524.

The majority contends in footnote 30 of its opinion that Conseco waived the statute of limitations issue by failing to…