Monday, July 11, 2016

Bad Faith Claim Allowed to Proceed in Fire Loss Case

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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