AUGUST 2017 BAD FAITH CASES: NO BAD FAITH IN CLAIMS HANDLING OR POLICY INTERPRETATON (Philadelphia Commerce Court)

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This case involved a dispute over whether water damage was covered under various policy terms and endorsements. The basic facts involved the backup in a clogged roof drain during a rainstorm, leading to water damage. The carrier agreed the insured had limited coverage under a specific policy endorsement, while the insured sought greater coverage.

The court granted summary judgment to the carrier on the coverage issues.

In addressing the bad faith claim, the court found that the insured provided no evidence that the insurer’s refusal to pay beyond the endorsement limit was in bad faith. The insurer had two separate inspections done by two different people regarding causation. After initially denying the claim entirely, when later presented with the insured’s report that the damage was caused by the clogged drain, the insurer paid for damages from that event up to the endorsement limits specifically covering that type of loss.

Moreover, the insurer’s policy interpretation was reasonable and not made in bad faith where the policy language was clear and consistent with the insurer’s decisions.

Summary judgment was granted to the insurer on all grounds.

Date of Decision:  July 21, 2017

Reynolds v. Pennsylvania National Mutual Casualty Insurance Company, June Term 2015, No. 2031, 2017 Phila. Ct. Com. Pl. LEXIS 225 (C.C.P. Phila. July 21, 2017) (Djerrasi, J.) (Commerce Court)

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