The TortsProfBlog brings news that the Pennsylvania Supreme Court will decide if “bad faith” claims are assignable. More specifics are here, from DapperLaw. My purely personal view is that holding the claims assignable would encourage a larger and more effective market in suing insurance companies when some (not all) of them too often fail to act in “good faith.” That outcome would help companies with long-tail tort issues when they are abused by some (not all) insurers. The same outcome also might help persons with cancer (or other diseases) when they are wrongfully denied benefits for treatments. The wrinkle for persons with cancer will be whether that rule can apply around ERISA.
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