The carrier denied an uninsured motor vehicle claim based upon the household exclusion. Over four years later, the insured brought suit in light of the…
Category: PA – Federal Pleading Inadequate
The carrier moved to dismiss an amended complaint for breach of contract and bad faith. Middle District Judge Wilson originally dismissed the contract and bad…
This matter involves a dispute over application of an auto insurance policy’s “regular use exclusion” and underinsured motorist coverage. The carrier asserted the exclusion, and…
Legal theories alone are not enough to sustain litigation. A plaintiff must also plead factual allegations to support his legal theories. That’s where Mark Bond’s…
This UIM bad faith case was dismissed for failure to state a plausible claim. The complaint includes 49 bad faith allegations that the court found…
The carrier denied the insured homeowners’ property damage claim. They sued for breach of contract and bad faith, and the carrier moved to dismiss. First,…
Eastern District Judge Darnell Jones recently rendered two bad faith decisions just a few days apart. CASE 1 – Underinsured Motorist Bad Faith Claim Dismissed…
This case involves claims against a carrier for two distinct auto accidents, as well as against two of its individual claim adjusters. The insured husband…
“If at first you don’t succeed, try and try again.” That didn’t work in this case, where a bad faith claim was dismissed with prejudice…
Another UIM bad faith case. Another dismissal for failure to plead beyond conclusory allegations. Another dismissal with leave to amend, if the insured can meet…