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Pennsylvania Injury Lawyers
$12 million bad faith award upheld
Attached is a copy of the Superior Court decision in Bombar v. Upright Materials where the Superior Court upheld a $12 million award for bad faith in a case arising out of a strict liability claim. The Superior Court (Judge Stevens majority) holds that the "products and completed operations hazard exclusion" did not apply in the case in claims regarding the insured's negligent failure to warn, inspect and install with regard to a forklift's back-up alarm. The decision also upholds the trial court decision for bad faith and damages. Judge Klein dissents and finds that the exclusion should apply.
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