Wednesday, February 8, 2017

Federal Court Bad Faith Claims Dismissed under Twombly/Iqbal Standards

In the case of Mondron v. State Farm Mut. Ins. Co., No. 16-412 (W.D. Pa. Dec. 21, 2016), the court dismissed a bad faith count of a Plaintiff’s Complaint without prejudice where the court found that the insured pled conclusory language taken from case law and the Unfair Insurance Practices Act.  The court found that the pleadings failed to meet the standard set forth under Twombly/Iqbal.  

The dismissal of the bad faith count was without prejudice and the Plaintiff was provided with an opportunity to attempt to plead a valid bad faith claim.  

Anyone wishing to read this case online may click this LINK
 

I send thanks to Lee Applebaum, Esquire of the Pennsylvania and New Jersey Insurance Bad Faith Case Law blog and the Fineman Krekstein & Harris law firm for bringing this case to my attention. 

 





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