Wednesday, January 16, 2019

UIM Bad Faith Complaint Allowed To Stand

In the case of Baldridge v. GEICO, No. 18-CV-1407 (W.D. Pa. Dec. 3, 2018 Schwab, J.), the court denied a Defendant’s Motion to Dismiss the Plaintiff’s Complaint in a bad faith claim.

The court found that the Plaintiff adequately pled a statutory bad faith claim in this UIM case based upon allegations of improper claims handling.  

According to the Opinion, the Plaintiff alleged serious injuries, extensive treatment, and over a million dollars in lost wages and benefits.  

The Plaintiff complained that, although he voluntarily provided the carrier with medical records, sworn statement, other information, and also participated in an IME, the carrier allegedly did not respond to the Plaintiff for three (3) months and then abruptly denied the claim presented.  

The court found that the Plaintiff pled sufficient facts to support allegations both that the Defendant lacked a reasonable basis for denying the Plaintiff’s claim for UIM benefits and that the Defendant allegedly knew or recklessness disregarded its lack of a reasonable basis in denying the claim. 

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

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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