The court noted that, in the insurance context,
Pennsylvania’s Unfair Trade Practices and Consumer Protection law “applies only
to conduct related to the sale of an insurance policy, not to the handling of
the insurance claims.”
However, in a footnote, the court noted that, under the case
of Berg v. Nationwide Mut. Ins. Co. Inc.,
44 A.3d 1164 (Pa. Super. 2012) the Superior Court found that a violation under
the Unfair Trade Practices and Consumer Protection law could serve as evidence
to support a bad faith claim.
In the end, the court granted in part and denied in part the Defendant's Motion to Dismiss.
Anyone wishing to review this decision may click this LINK..
In the end, the court granted in part and denied in part the Defendant's Motion to Dismiss.
Anyone wishing to review this decision may click this LINK..
I send thanks to Attorney Lee Applebaum of the Philadelphia law firm of Fineman, Krekstein and Harris. Please be sure to check out Attorney Applebaum’s excellent Pennsylvania and New Jersey Insurance Bad Faith Case Law blog which you review HERE.
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