The insured brought breach of contract and bad faith claims in this UIM/medical payment case. The court entered summary judgment for the insurer, on the basis that the insured failed to make all payments necessary to keep the policy in effect. Thus, the policy was not in effect at the time of the incident at issue, and the carrier could not have breached its coverage obligations.
In granting summary judgment on the bad faith claim, Eastern District Judge Schmehl states: “For all the foregoing reasons, State Farm is entitled to summary judgment on the breach of contract claim. Since it is entitled to summary judgment on the breach of contract claim … it follows that State Farm is entitled to summary judgment on the bad faith claim.”
Date of Decision: October 21, 2021
Gonzalez v. State Farm Mutual Automobile Insurance Company, U.S. District Court Eastern District of Pennsylvania No. CV 20-4193, 2021 WL 4902349 (E.D. Pa. Oct. 21, 2021) (Schmehl, J.)