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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