DECEMBER 2018 BAD FAITH CASES: INSURED ADEQUATELY ALLEGES BAD FAITH BASED UPON HIS SUPPLYING A FULL RANGE OF INFORMATION SUPPORTING HIS INJURIES, DAMAGES AND CAUSATION (Western District)
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 injuries and underwent a wide range of medical treatments. He also claimed over $1 Million in lost wages and benefits.
Plaintiff allegedly proferred a policy confirmation, and provided the insurer with medical records, a police report and an economic report, in support of his policy limits demand. The complaint alleged that the insured had “voluntarily provided and otherwise fully complied with all requests by [the insurer] for medical records, a sworn statement by Plaintiff, an independent medical evaluation, and other information.” Significantly, all information provided supported both the extent of the insured’s injuries and damages, and that the other driver caused the accident.
The insured alleged the carrier did not respond for three months, and subsequently “abruptly denied the claim”.
The court found these pleadings sufficient “to find both that Defendant lacked a reasonable basis for its denying Plaintiff’s claim for UIM benefits under the Policy, and that Defendant knew or recklessly disregarded its lack of a reasonable basis in denying the claim.”
Date of Decision: December 3, 2018
Baldridge v. Geico Insurance Co., U.S. District Court Western District of Pennsylvania No 18cv1407, 2018 U.S. Dist. LEXIS 204117, 2018 WL 6305589 (W.D. Pa. Dec. 3, 2018) (Schwab, J.)
