Legal Opinion

Wolfe v. Allstate Property & Casualty Insurance

Court of Appeals for the Third Circuit

Decided June 12, 2015No. 12-4450PublishedCited by 74 opinions

1Opinion of the Court

OPINION

RENDELL, Circuit Judge.

In this insurance dispute between appellant Allstate Property & Casualty Insurance Co. (“Allstate”) and appellee Jared Wolfe, we are presented with the question of whether punitive damages awarded against an insured in a personal injury suit are recoverable in a later breach of contract or bad faith suit against the insurer. It is Pennsylvania’s public policy that insurers cannot insure against punitive damages, and we therefore predict that the Pennsylvania Supreme Court will answer that question in the negative.

I. BACKGROUND

A. Underlying Personal Injury Lawsuit

O…

2Cases cited32 opinions

  1. Terletsky v. Prudential Property & Casualty InsuranceSuperior Court of Pennsylvania · 1994
  2. Randy Mulholland v. Government County of BerksCourt of Appeals for the Third Circuit · 2013
  3. Toy v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 2007
  4. The Northwestern Mutual Life Insurance Co. v. Kathleen L. Babayan Kathleen Babayan v. The Northwestern Mutual Life Insurance Company Joseph M. Savino, General Agent Northwestern Mutual Financial Network A/K/A and D/B/A the Savino Financial Group Thomas Gallina Kathleen L. BabayanCourt of Appeals for the Third Circuit · 2005
  5. Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962

27 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. Kelly v. Progressive Advanced InsuranceDistrict Court, E.D. Pennsylvania · 2016
  2. James Dehart v. Homeq Servicing CorporationCourt of Appeals for the Third Circuit · 2017
  3. Metro. Grp. Prop. & Cas. Ins. Co. v. HackDistrict Court, M.D. Pennsylvania · 2018
  4. Welding Eng'rs Ltd. v. NFM/Welding Eng'rs, Inc.District Court, E.D. Pennsylvania · 2018
  5. United National Insurance v. Indian Harbor InsuranceDistrict Court, E.D. Pennsylvania · 2016

69 more not listed; retrieve them via the Exa API.

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