The magistrate judge recommended dismissing the alleged section 8371 bad faith claims, but further recommended allowing the insured to amend her claim to plead abuse…
Month: December 2018
This UIM bad faith case involved the insurer’s refusal to pay based on whether a college-aged child was a “resident relative” under her parents’ policy.…
This case has been affirmed on appeal. The Third Circuit’s opinion can be found here. In this UIM bad faith case, the insured asserted that…
Three recent Middle District opinions, decided between December 10-12, 2018, found the insureds’ bad faith pleadings constituted conclusory allegations that had to be dismissed under…
This first party bad faith case centered on damage to plaintiff’s automobile. The insured claimed the carrier knowingly failed to tender the true value of…
The court found the insured adequately pleaded a statutory bad faith claim in this UIM case, based on claim handling. The insured allegedly suffered serious…
The insured-plaintiff attempted to join her underlying state court negligence action with her UIM bad faith and breach of contract federal action against her insurer.…
The insurer moved to sever and stay the plaintiffs’ UIM bad faith claim. In ruling against the insurer, Judge Baylson reviewed four cases he has…
The underlying suit involved negligence claims concerning a sexual assault by the insured’s father against others. The insurer defended under a reservation of rights, and…
The insurer denied disability benefits because the source of plaintiff’s amputation was diabetes, rather than injury. The insured brought breach of contract and bad faith…