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LIBERTY MUT. INS. CO. v. MARTY'S EXP., INC.

Civil A. No. 95-962.

910 F.Supp. 221 (1996)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation v. MARTY'S EXPRESS, INC. and Falcon Express, Inc.

United States District Court, E.D. Pennsylvania.

January 3, 1996.

Attorney(s) appearing for the Case

Edward A. Greenberg, Morton F. Daller, Dennis R. Callahan, and Charles E. Pugh, Daller, Greenberg and Dietrich, Ft. Washington, PA, for Plaintiffs.

Louis W. Fryman, Ronald J. Shaffer, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, and Douglas Evan Ress, Kaufman, Coren & Ress, Philadelphia, PA, for Defendant.

MEMORANDUM

DALZELL, District Judge.

This case presents an issue of first impression in Pennsylvania: in an action for unpaid premiums allegedly due on a retrospectively-rated insurance policy, must an insurer prove that it acted reasonably and in good faith in handling claims subject to such retrospective premium adjustment? We predict that the Pennsylvania Supreme Court, if faced with this issue, would place upon the insured the burden of producing...

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