Tuesday, January 15, 2013

Homeowner's Insurance Bad Faith Claim Reviewed

Homeowners Insurance case of note:

Viscounte v. Liberty Mut. Group, 2012 WL 6524980 (E.D. Pa. Dec. 14, 2012) (mem.)(In a case involving a homeowner's claim arising out of a flood incident, the court ruled that an insurer is not required to show that the process used in reaching its conclusion was flawless; instead, the insurer is only required to show that it conducted an investigation sufficiently thorough to yield a reasonable foundation for its action; insurer's refusal to pay constitutes nonfeasance (as opposed to malfeasance--the improper performance of a contractual duty) which is not actionable under PA's UTPCPL).

This Viscounte decision can be viewed online HERE.

I sent thanks to Attorney Bill Mabius of the Pennsylvania Association for Justice for bringing this case to my attention.

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