Thursday, May 2, 2019

Allegations Sounding in Bad Faith Stricken From Straight UIM Breach of Contract Claim

In the case of Miller-Echevarria v. LM General Insurance Company, No. 19-Civil-14 (E.D. Pa. Feb. 14, 2019 Scmehl, J.), the court granted a Defendant’s Motion to Strike Immaterial/Impertinent Matter from a breach of contract Complaint filed against a UIM carrier.

According to the detailed Order, the Complaint before the court contained one (1) count for breach of contract due to the Defendant’s alleged failure to pay underinsured motorist benefits under a policy issued to the Plaintiff. 

The court struck any and all allegations related to the Defendant’s alleged handling or investigation of the Plaintiff’s claim, or the Defendant’s non-contractual obligations, as these allegations were found to be irrelevant and immaterial to the breach of contract claim.   As such, such allegations were stricken from the Complaint with prejudice.  

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

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