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Insureds have frequently included unfair trade practices and consumer protection law (UTPCPL) claims in lawsuits against insurers for breach of contract and bad faith. It is rare for such claims to be the focus of the litigation and they are often considered secondary to the contract and bad faith claims. And in 2020, the Superior Court confirmed that the UTPCPL does not apply at all to the insurance company’s claims handling. (Credit: Shutterstock.com) Insureds have frequently included unfair trade practices and consumer protection law (UTPCPL) claims in lawsuits against insurers for breach of contract and bad faith. It is rare for such claims to be the focus of the litigation and they are often considered secondary to the contract and bad faith claims. And in 2020, the superior court confirmed that the UTPCPL does not apply at all to the insurance company’s claims handling. (Credit: Shutterstock.com)

It is not uncommon for insureds in Pennsylvania to assert claims against insurance companies for violation of the state’s unfair trade practices and consumer protection law (UTPCPL). In these cases, such claims were historically brought alongside breach of contract and insurance bad faith claims and often were not the focus of the litigation.

In 2020, the Pennsylvania Superior Court confirmed that the UTPCPL does not apply to the handling of insurance claims, further reducing the emphasis on UTPCPL claims in insurance litigation. However, the Pennsylvania supreme court recently imposed a strict liability standard for the UTPCPL, which lowered the burden of proof for insureds and may result in increased litigation against both insurance companies and insurance agents.

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