JULY 2012 BAD FAITH CASES: COURT GRANTS INSURED LEAVE TO AMEND CONCLUSORY ALLEGATIONS CONTAINED IN BAD FAITH COMPLAINT (Middle District)
In Cacciavillano v. Nationwide Ins. Co. of Am., the insured brought bad faith and breach of contract claims against its carrier after the insurer denied coverage for the insured’s allegedly stolen motorcycle. The carrier moved to dismiss the complaint as conclusory because the insured did not provide any support for its claim of bad faith. The court reasoned that the insured met the first element of a bad faith claim by claiming that the carrier had not reimbursed the insured for the alleged theft.
However, the insured failed to allege the second element, that the carrier knowingly or recklessly denied the disbursement of benefits under the policy. As such, the court rejected the insured’s claim and ruled that the complaint should be dismissed.
However, the court permitted the insured leave to amend its complaint. The court did not order additional briefing, but directed the insured to amend its allegations in accordance with Rule 56 governing summary judgment.