In
the case of Amica Mut. Ins. Co. v. Das,
No. 18-1613, 2018 WL 6435332 (E.D. Pa. Dec. 1, 2018 Jones, J.), the Eastern Federal District Court of Pennsylvania granted a carrier’s Motion to Dismiss a claim for bad faith in a case arising
out of a declaratory judgment dispute over whether the injured party was a “resident
relative” under an automobile insurance policy.
The
court noted that, in the context of a Motion to Dismiss a bad faith claim, the
party bringing the bad faith claim must describe who, what, where, when, and
how the alleged bad faith conduct occurred.
The court reaffirmed the well-settled rule of law that carriers do not act in bad faith simply by
investigating claims to protect the carrier’s interests during litigation,
unless there is some evidence of dishonest purpose shown.
In
this case, the pleadings were found to be conclusory and lacking in details to
support the bad faith claim.
More
specifically, the court found that the bad faith claim was not supported by any
fact that explained how the alleged bad faith conduct occurred. The court stated that
there were no particular facts alleged to show how the carrier lacked a
reasonable basis in its interpretation, administration, or investigation of the
claim for UIM benefits. The general, conclusory allegations that the carrier “unreasonably investigated” the claim were not
supported by any facts indicating how the carrier’s handling procedures were
deficient.
Moreover,
the claims of alleged delays failed to set forth the specific dates of any
acts or omissions that could show that the delays were allegedly
unreasonable.
The
court also found no specific facts were alleged to support the assertions of
obstructive tactics utilized by the carrier to allegedly force an inadequate
settlement.
Despite
granting the Motion to Dismiss, the court did grant leave to the insured to
file an amended pleading.
Anyone wishing to review this decision online, may click this LINK. The companion Order can be viewed HERE.
I send thanks to Attorney Lee Applebaum of the Philadelphia law firm of Fineman, Krekstein & Harris and 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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