prevail on a bad faith claim against Defendant, Plaintiff must establish by clear and convincing evidence: “(1) that the insurer lacked a reasonable basis for denying benefits; and (2) that the insurer knew or recklessly disregarded its lack of reasonable basis.” Klinger v. State Farm Mut. Auto. Ins. Co., 115 F.3d 230, 233 (3d Cir.1997) (citing Terletsky, 649 A.2d at 688). To meet the clear and convincing evidence standard, the evidence must be “so ‘clear, direct, weighty and convincing’ so as to enable the court to make its decision with ‘a clear conviction.’ ” Polselli v. Nationwide Mut. Fire Ins. Co., 23 F.3d 747, 752 (3d Cir.1994) (citing In re Estate of Fickert, 461 Pa. 653, 337 A.2d 592, 594 (1975)); see also U.S. Fire Ins. Co. v. Royal Ins. Co., 759 F.2d 306, 309 (3d Cir.1985) (<HOLDING>). B. Analysis To determine whether Defendant’s
holding that a bad faith claim must be met through the clear and convincing evidence standard holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied holding that even if the standard for waiver is clear the standard was not met holding that bad faith andor prejudice must be shown by clear and convincing evidence holding that release status must be proven by clear and convincing evidence through reliable documentary evidence