FEBRUARY 2013 BAD FAITH CASES: COURT DENIES INSURED’S CLAIM BECAUSE FACTUAL BACKGROUND AND INVESTIGATION WERE NOT ENOUGH TO SUPPORT ALLEGATIONS OF BAD FAITH (Philadelphia Federal)

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In Davis v. State Farm Ins., the court heard a carrier’s motion for summary judgment that was filed in response to an insured’s claims for breach of contract and bad faith. The insured filed a claim for theft under her car insurance policy, but the carrier denied coverage after an investigation revealed that the insured’s car entered a towing facility two days prior to her reporting it stolen. Because the carrier’s investigators engaged in a thorough, month-long probe into the theft, the court found no evidence of bad faith and granted the carrier’s summary judgment motion. Yet, the court denied the carrier’s motion for summary judgment on the insured’s breach of contract count, citing factual discrepancies.

Date of Decision: December 13, 2012

Davis v. State Farm Ins., NO. 11-cv-3401, 2012 U.S. Dist. LEXIS 177225, U.S. District Court for the Eastern District of Pennsylvania (E.D. Pa. Dec. 13, 2012) (Joyner, J.)

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