MARCH 2014 BAD FAITH CASES: STATUTORY BAD FAITH CLAIMS CAN ONLY BE BROUGHT AGAINST INSURERS WITH WHOM PLAINTIFF HAD AN INSURANCE CONTRACT (Philadelphia Federal)

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In Wallace v. State Farm, the court dismissed most of the bad faith claims on res judicata grounds, wherein the earlier suit was ended by a praecipe to settle, discontinue, and end, which the court found to be the equivalent of a final judgment for res judicata purposes.

A final bad faith count was dismissed:  “Since none of the other defendants insured plaintiff, he cannot bring a statutory bad faith claim against them. Similarly, any claim for breach of contract against the remaining defendants fail, because plaintiff does not allege that he had a contract with the other defendants.”

Date of Decision:  December 19, 2013

Wallace v. State Farm Mut. Auto. Ins. Co., Civil Action No. 13-cv-3867, , 2013 U.S. Dist. LEXIS 179191 (E.D.Pa.  Dec. 19, 2013) (Stengel, J.)

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