In
the case of Ceresko
v. Keystone Container Service, Inc., No. 18-CV-3361 (C.P. Lacka. Co. April
9, 2019 Nealon, J.), the court sustained a UIM carrier’s demurrer relative to a
Plaintiff’s bad faith claim in a Post-Koken matter but, given that the statute
of limitations had not yet expired, granted the Plaintiff leave to amend.
According
to the Opinion, six (6) days after a Plaintiff was involved in a motor vehicle
accident with a waste container carrier that was transporting a large dumpster,
the Plaintiff notified their UIM carrier of their demand for the payment of UIM
benefits.
Nine
(9) days later, and without knowing that liability coverage limits covering the
alleged tortfeasor Defendant and/or his corporate employer, the Plaintiff
commenced this lawsuit against the driver of the waste container carrier, his
employer, and the Plaintiff's own UIM carrier.
On the UIM claim, the Plaintiff asserted a breach of the carrier’s contract to
pay UIM benefits and also demanded punitive damages and other damages relative
to a bad faith claim with respect to the denial of the claim for UIM benefits.
The
UIM carrier filed Preliminary Objections asserting a demurrer to the legal
insufficiency of the Plaintiff’s bad faith claim in light of the facts
alleged. In the alternative, the UIM
carrier requested a severance and stay of the bad faith claim.
 |
| Judge Terrence R. Nealon Lackawanna County |
In
granting the demurrer, the court noted that, at the time the Plaintiff filed
this claim, which included a bad faith action, neither the Plaintiff nor the
UIM carrier knew what the liability coverage limits were for the alleged
tortfeasor Defendants.
The
court noted that the facts alleged in the Plaintiff’s Complaint were
insufficient to sustain a bad faith claim.
However, as stated, the Plaintiff was granted leave to amend should
facts be uncovered to support such a claim.
Anyone wishing to review this case may click this LINK.
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