IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
MATTHEW RANCOSKY, : No. 124 WAL 2016
ADMINISTRATOR DBN OF THE ESTATE :
OF LEANN RANCOSKY AND MATTHEW :
RANCOSKY, EXECUTOR OF THE : Petition for Allowance of Appeal from
ESTATE OF MARTIN L. RANCOSKY, : the Order of the Superior Court
:
Respondent :
:
:
v. :
:
:
WASHINGTON NATIONAL INSURANCE :
COMPANY, AS SUCCESSOR BY :
MERGER TO CONSECO HEALTH :
INSURANCE COMPANY, FORMERLY :
KNOWN AS CAPITAL AMERICAN LIFE :
INSURANCE COMPANY, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 30th day of August, 2016, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the issue[s] set forth below. Allocatur is DENIED as to all
remaining issues. The issue[s], as stated by petitioner, is:
Whether this Court should ratify the requirements of Terletsky v.
Prudential Property & Casualty Insurance Co., 649 A.2d 680 (Pa. Super.
1994), appeal denied, 659 A.2d 560 (Pa. 1995), for establishing insurer
bad faith under 42 Pa.C.S. § 8371, and assuming the answer to be in the
affirmative, whether the Superior Court erred in holding that Terletsky
factor of a “motive of self-interest or ill-will” is merely a discretionary
consideration rather than a mandatory prerequisite to proving bad faith?