and fair dealing is implicit in an insurance contract. Condio v. Erie Ins. Exch., 899 A.2d 1136, 1144 (Pa.Super.2006) (citing O’Donnell v. Allstate Ins. Co., 734 A.2d 901, 905 (1999)), see also Dercoli v. Pennsylvania Nat. Mut. Ins. Co., 520 Pa. 471, 554 A.2d 906, 909 (Pa.1989) (quoting Fedas v. Ins. Co. of the State of Pa., 300 Pa. 555, 151 A. 285 (1930)). As such, under Pennsylvania law, a plaintiff may bring a cause of action for breach of the contractual duty of good faith and fair dealing in the insurance context, permitting an insured to recover compensatory damages for an insurer’s failure to act in good faith. Benevento v. Life USA Holding, Inc., 61 F.Supp.2d 407, 425 (E.D.Pa. 1999) (citations omitted); Gray v. Nationwide Mut. Ins. Co., 422 Pa. 500, 223 A.2d 8, 11 (Pa.1966) (<HOLDING>); Johnson v. Beane, 541 Pa. 449, 664 A.2d 96,
holding when an insurers alleged breach of its duty of good faith and fair dealing toward its insured involves facts and circumstances within the common knowledge or ordinary experience of an average juror an insured need not introduce expert testimony to establish a bad faith claim holding that in the context a third party case in which the insurer refused to settle a claim on behalf of the insured nothing in d ambrosio bars a party bringing a bad faith action sounding in contract from recovering damages that are otherwise available to parties in contract actions  holding that a common law breach of contract action will lie for the insurers failure to comply with its obligation to act in good faith and with due care in representing the interests of the insured in its failure to settle with a third party holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict holding that the failure to act in good faith  does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract