Now that two more Eastern District of Pennsylvania federal judges have weighed in, the score is 4-to-1 in favor of the insurance companies in the quickly percolating issue of whether plaintiffs in ERISA suits may also bring a claim under Pennsylvania’s bad faith statute.
The question now is whether the 3rd U.S. Circuit Court of Appeals will take the issue up soon or let it percolate a while — or if the conflict in the Eastern District will simply resolve itself.
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