Berg v. Nationwide Deadlocked in Pennsylvania Superior Court

Our clients, Daniel Berg and the late Sheryl Berg remained deadlocked in a dispute with Nationwide over allegedly returning a 1996 Jeep Grand Cherokee to the Plaintiffs that the Defendant knew had unrepaired structural damage. The Pennsylvania Superior Court is set to rehear Nationwide’s appeal of the $21 million bad faith verdict.

On October 10, 2017, the case will be put before another panel of Superior Court judges. The case was first heard by Justice James Fitzgerald and Judges Jack Panella and Victor Stabile on February 2, 2016, however the panel was unable to reach a majority decision in the case.

Following a crash in 1996, Nationwide recommended that Daniel and Sheryl Berg have their leased 1996 Jeep Grand Cherokee repaired through one of Nationwide’s direct repair program shops. The repair facility declared the Grand Cherokee a total loss, citing frame damage for the decision. Unbeknownst to the Bergs, their vehicle was sent to another repair shop. The repairs, which were scheduled to take 25 days, stretched to over 4 months. When the repairs were finished, an inspection by Nationwide revealed that the Jeep was unsafe, but returned the vehicle to the Bergs. A technician called the Bergs to inform them of what had occurred.

Several bad-faith behaviors were cited in the ruling, including

• Nationwide refusing to sell the vehicle to the Berg’s attorney
• The destruction of the car, which was vial evidence to the case
• The delay in totaling the Jeep until the Bergs had completed their lease payments

Nationwide maintains the position that no harm came to the Bergs from the vehicle after its return, claiming the Bergs did not experience another accident, so Nationwide should not be held liable for the potential damages of the dangerous Grand Cherokee.

We seek to uphold the previous verdict that awarded our clients the compensation they deserve after this appalling case.