In
the case of Moran v. USAA, No. 3:18-cv-2085 (M.D. Pa. Feb.
14, 2019 Caputo, J.), the court dismissed a Plaintiff’s bad faith claim without
prejudice and leave to amend to correct certain issues with the Complaint.
In Moran, the court noted that the only
additions previously added to an original Complaint were facts that possibly
supported the Plaintiff’s evaluation of the claims presented, but the court
noted that no new facts were added as to why the carrier’s settlement offer was
allegedly unreasonable or any new facts to show how the carrier knew or
recklessness disregarded the fact that its offer was unreasonable.
Rather, the
court noted that the additional facts added to the Amended Complaint by the Plaintiff did not
allow anything other than a possible finding of a negligent valuation, which
did not support a claim for bad faith.
Judge
Caputo ruled that insurance bad faith cannot arise solely from discrepancies or
disagreements with regards to the evaluation of a case presented.
I
send thanks to Attorney Brigid Alford of the Camp Hill, Pennsylvania office of Marshall Dennehey,
Warner, Coleman & Goggin for bringing this case to my attention.
I also send thanks as well as
to Attorney Lee Applebaum, of the Philadelphia law firm of Fineman, Krekstein
& Harris as well as from the Pennsylvania and New Jersey Insurance Bad
Faith Case Law blog.
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