JUNE 2016 BAD FAITH CASES: REMOVAL TO FEDERAL COURT NOT BAD FAITH (Pennsylvania Superior Court – Not Precedential)

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In Racioppi v. Progressive Insurance Company, the court rejected an argument the carrier’s initial removal to federal court constituted bad faith insurance conduct. The matter was remanded once the parties realized there was not complete diversity. The court observed this was a litigation tactic, not related to insurance coverage.

Date of Decision: May 11, 2016

Racioppi v. Progressive Ins. Co., No. 3419 EDA 2015, 2016 Pa. Super. Unpub. LEXIS 1624 (Pa. Super. Ct. May 11, 2016) (Ford Elliott, Bender, Musmanno) (non-precedential)