Regina Polselli Rudolph R. Polselli (Intervenor-Plaintiff in d.c.) v. Nationwide Mutual Fire Insurance Company. Regina Polselli

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this case of first impression, we must decide whether a plaintiff who prevails on a claim for bad faith conduct, pursuant to 42 Pa. Cons.Stat. Ann. § 8371, may recover attorney’s fees against an insurer for time spent prosecuting the bad faith claim itself, in addition to those fees attributable to prosecuting the underlying insurance contract claim, under section 8371(3). We conclude that such fees may be assessed.

We are also faced with the issue of whether, and under what circumstances, a court may enhance a fee under Pennsylvania law to…