BAD FAITH NOT POSSIBLE WHERE THERE IS A REASONABLE BASIS TO DENY THE CLAIM (Philadelphia Federal)

Print Friendly, PDF & Email

In this complicated coverage case, involving damages to a condominium unit through the actions of the insured’s own tenant, the court found no coverage due under the policy language in light of the circumstances. Further, the court ruled that the insured’s purchase of additional coverage for renters, even if otherwise applicable, was invalid because of concealment and mischaracterization in applying for that additional coverage.

Having determined no coverage was due, the court granted summary judgment on the bad faith claim. The court emphasized that a reasonable basis for denying coverage is all that is needed to overcome a bad faith claim. In this case, the carrier had a reasonable basis to deny the insured’s claims, and the “pertinent claims [were] not covered by the Policy.”

Date of Decision: June 11, 2019

Beautyman v. General Insurance Company of America, U. S. District Court Eastern District of Pennsylvania CIVIL ACTION No. 17-5804, 2019 U.S. Dist. LEXIS 97526 (E.D. Pa. June 11, 2019) (Kelly, J.)

 

0 Responses to “BAD FAITH NOT POSSIBLE WHERE THERE IS A REASONABLE BASIS TO DENY THE CLAIM (Philadelphia Federal)”


Comments are currently closed.