Tuesday, October 3, 2017

Federal Court UIM Bad Faith Claim Dismissed Under Iqbal/Twombly/Fowler Standard of Review

In another decision in the case of Myers v. State Farm Mut. Auto. Ins. Co., No. 17-3509 (E.D.Pa. Sept. 6, 2017 Surrick, J.), the court granted the carrier's motion to dismiss the Plaintiff's bad faith claim filed against a UIM carrier under an Iqbal/Twombly/Fowler analysis.

The court found that the Plaintiff's Complaint lack the foundation of factual allegations in support of the bad faith claim.  The Plaintiff had generally asserted that the carrier failed to properly investigate the claims presented and failed to make reasonable offers.

The court found that the Complaint was "long on conclusions regarding the Defendant's conduct, but it fails to set forth any explanations or descriptions of what Defendant actually did."  Op. at p. 6.  More specifically, the court found that there were no factual allegations on how the Defendant failed to investigate the claim or why the offers were unreasonable.

In granting the motion to dismiss, the court did grant the Plaintiff leave to amend the Complaint.

Anyone wishing to review this decision may click HERE.

I send thanks to Attorney Lucille Bitterman from the Philadelphia law firm of Goldberg, Miller & Rubin for bringing this case to my attention.  Attorney Lori Miller of that firm was the handling defense attorney.

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