In his recent decision from a few months back in the case of
Turner
v. State Farm Fire & Cas. Co., Case No. 15-CV-906, (M.D.
Pa. January 14, 2016 Conaboy, J.), Judge Richard P. Conaboy of the
Federal Middle District Court allowed a bad
faith claim to proceed beyond a motion to dismiss in a first party fire loss
case.
The insurer had moved to dismiss a
bad faith count under
Twombly/
Iqbal standards for federal court
Complaints.
The court denied the motion
and found that the bad faith claim was adequately pled.
 |
Judge Richard P. Conaboy
M.D. Pa. |
The insureds alleged the property at issue was insured for contents coverage
and other miscellaneous coverages in the amount of $159,060.00. The complaint
alleged that despite repeated demands, the carrier did not make payment on
claims subject to these coverages.
Anyone wishing to review this case may click this
LINK.
I send thanks to Lee Applebaum of the Pennsylvania and New Jersey Insurance Bad Faith Case Law Blog for bringing this case to my attention. Attorney Applebaum is with the Philadelphia law firm of Fineman, Krekstein & Harris.
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