FEBRUARY 2015 BAD FAITH CASES: COURT DISMISSES BAD FAITH CLAIM FOR FAILURE TO MEET TWOMBLY AND IQBAL STANDARDS (Philadelphia Federal)
In Mozzo v. Progressive Ins. Co., the Court dismissed a claim for bad faith due its “bares bones” conclusory allegations, and failure to provide a factual basis for an award of bad faith damages. Plaintiff’s complaint contained only 12 numbered paragraphs, and merely alleged that plaintiff made a claim for damages under a policy provided by the defendant insurer, and that the insurer failed to pay the insured’s UIM claim. Plaintiff failed to provide any facts regarding the insurer’s actions, much less why those actions would lead to any inference of bad faith. The complete absence of facts surrounding the case, or establishing bad faith conduct on the part of the insurer, led the Court to grant the insurer’s motion to dismiss the bad faith claim.