After nearly 25 years of litigating, a case that resulted in a twice-vacated $21 million bad-faith verdict against Nationwide has left the Pennsylvania Supreme Court evenly split on whether that award should be reinstated. The ruling, according to one attorney, could lead to still more litigation.
The Pennsylvania Supreme Court deadlocked Aug. 25 in its decision in Berg v. Nationwide, a closely watched bad-faith case that last year resulted in the Superior Court twice vacating the verdict after finding that the trial court's analysis of the case had strayed out of bounds in broadly criticizing the insurance industry.
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