If enacted, Pennsylvania's Senate Bill 745 would make the jury, and not the judge, the finder of the existence of bad faith, as well as the imposer of the appropriate statutory penalties.

In  "Pennsylvania Bad Faith and the Road Not Taken" in the Sept. 4 issue of Insurance Bad Faith, commentator Steven C. Elliott, president of the Pennsylvania Association of Mutual Insurance Companies (PAMIC), opines that Senate Bill 745 would be a "wrong turn" in the development of Pennsylvania's insurance bad faith law.

Do you follow Elliott's line of thinking, or do you think Senate Bill 745 is a road the state legislature should continue to travel down?