MARCH 2009 BAD FAITH CASES
EX-WIFE COULD NOT ASSERT BAD FAITH CLAIM WHERE SHE NEVER FILED THEFT CLAIM (Philadelphia Federal)

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In Aquila v. Nationwide Mutual Insurance Company, the court did grantws summary judgment to the insurer on all of the bad faith claims made by the insured ex-wife because, despite being an insured under the policy, she never filed a claim for the theft so she could not qualify as a bad faith plaintiff.

Date of Decision:  December 15, 2008

Aquila v. Nationwide Mut. Ins. Co., CIVIL ACTION No. 07-2696, 2008 U.S. Dist. LEXIS 101518 (E.D. Pa. Dec. 15, 2008)(Strawbridge, M. J.)