Wednesday, November 22, 2017

Motion To Dismiss Bad Faith Complaint Denied

In the case of Meyers v. Protective Ins. Co., No. 3:16-cv-01821 (M.D. Pa. Oct. 10, 2017 Caputo, J.), the court denied a second Motion to Dismiss filed against a bad faith claim alleging issues with the investigation and claim evaluation by the Defendant carrier. 

It is noted that this UIM bad faith was previously dismissed for failure to state a plausible claim.   After the Plaintiff was given leave to amend the Complaint, the carrier again filed a Motion to Dismiss in this uninsured motorist claim matter.   As noted, the court denied the second Motion to Dismiss.  

The court found that the Amended Complaint set forth factual support to allegations that the carrier refused to promptly communicate with Plaintiff, repeatedly misrepresented matters to the Plaintiff, and allegedly failed to comply with various insurance regulations. 

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney Lee Applebaum, the writer of the excellent Pennsylvania and New Jersey Insurance Bad Faith Case Law Blog for bringing this case to my attention. 

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