Wednesday, June 27, 2018

Summary Judgment Granted in UIM Bad Faith Case

In the case of Shaw v. USAA Cas. Ins. Co., No. 3:17-947 (M.D. Pa. May 11, 2018 Mannion, J.), the court granted the carrier’s Motion for Partial Summary Judgment with respect to the Plaintiff’s bad faith count in a UIM case.   Overall, the court ruled that a reasonable jury could not conclude that the Defendant carrier acted in bad faith under the case presented.  

By way of background, the Plaintiff was injured as a pedestrian in a motor vehicle accident.   The Plaintiff settled her bodily injury claim against the third party tortfeasor for $50,000.00 out of the available $100,000.00 liability limits. Thereafter, she submitted a claim for UIM benefits with her own carrier.  

During its investigation, the Defendant carrier determined that the overall value of the Plaintiff’s liability claim against the tortfeasor did not exceed the $100,000.00 liability limits available to the tortfeasor.  

In the bad faith claim, the Plaintiff asserted that the Defendant did not fully investigate or revise its initial assessment despite the Plaintiff submitting additional medical records and expert reports.  

Judge Malachy E. Mannion
After a review of the record before it, Judge Mannion found that the Plaintiff had not produced sufficient evidence to support the claims that the Defendant carrier had acted outrageously and in bad faith in its handling, investigation, and adjustment of the Plaintiff’s UIM claim.  

In his decision, Judge Mannion provides a thorough recitation of the post-Rancosky bad faith law in support of his decision.  

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

I send thanks to Attorney Brigid Q. Alford of the Camp Hill, Pennsylvania office of Marshall Dennehey Warner Coleman & Goggin for bringing this case to my attention.  

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