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Surety Bonds Bad Faith

White and Williams LLP

Top Developments 2026 - Issue 1

White and Williams LLP on

Ohio Supreme Court clarifies that attorney-client privileged communications in an insurer’s claim file are discoverable only upon a prima facie showing of “bad faith” and a determination by the trial court, following an...more

Houston Harbaugh, P.C.

Pennsylvania Supreme Court Holds That Pennsylvania’s Bad Faith Statute Does Not Apply To Surety Bonds

Houston Harbaugh, P.C. on

Pennsylvania’s bad‑faith statute, 42 Pa. C.S.A. § 8371, permits insureds to recover certain damages in “action[s] arising under an insurance policy … [if] the insurer has acted in bad faith towards the insured ….” In Eastern...more

Miller Johnson

Lawsuit on Expired Patents Trapped by 8-Million-Dollar “Bad Faith” Bond

Miller Johnson on

Micron Tech., Inc. v. Longhorn IP LLC, 2025 WL 3672528 (Fed Cir. Dec. 18, 2025) - Instead of decking the halls for Christmas, the Federal Circuit decked Longhorn by dismissing its appeal for lack of jurisdiction.  Idaho,...more

Houston Harbaugh, P.C.

Surety Cannot be Liable for Bad Faith Under PA Law

Houston Harbaugh, P.C. on

On September 1, 2022, the Superior Court of Pennsylvania held, as a matter of first impression, that a surety is not subject to Pennsylvania’s bad faith statute, 42 Pa.C.S.A. § 8731. In Eastern Steel Constructors, Inc. v....more

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