MAY 2018 BAD FAITH CASES: BAD FAITH COMPLAINT’S “BARE-BONES” ALLEGATIONS DISMISSED, WITH LEAVE TO AMEND (Philadelphia Federal)

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In this UIM action, the insured sued for breach of contract and bad faith. Unhappy with the claim valuation, the insured alleged that insurer failed to (1) evaluate the claim fairly and objectively; (2) failed to complete a prompt and thorough investigation; (3) failed to remit benefits promptly; (4) failed to reasonably evaluate the medical documentation; and (5) failed to keep the insured fairly advised of the status of the claim. The insured offered no further detailed facts to support these allegations, and insurer moved to dismiss the bad faith claim. The Court granted insurer’s motion, and stated that “‘bare-bones’ conclusory allegations that are not accompanied by factual allegations [are not] sufficient to raise the claims to a level of plausibility required to survive a Rule 12(b)(6) motion to dismiss.”

The Court reasoned that the insured must provide additional facts showing how the insurer’s conduct was unreasonable and reckless, and granted the insured leave to amend.

Date of Decision: May 2, 2018

Kosmalski v. Progressive Preferred Ins., United States District Court, Eastern District of Pennsylvania, Civil Action No. 17-5726, 2018 U.S. Dist. LEXIS 74124 (E.D. Pa. May 2, 2018) (Pappert, J.)

 

 

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