Friday, March 20, 2020

Summary Judgment Granted on Post-Koken Bad Faith Claim

In the case of Stewart v. Geico, No. 2:18-cv-00791-MJH (W.D. Pa. Feb. 19, 2020 Horan, J.), the court granted the carrier’s Motion for Partial Summary Judgment and dismissed the Plaintiff’s bad faith claim after finding that the Plaintiff failed to produce sufficient evidence for any jury to reach a finding of bad faith by clear and convincing evidence.

According to the Opinion, this matter arose out of a motor vehicle accident during which the Plaintiff was struck as pedestrian.

In its Opinion, the court noted that a $25,000.00 offer was not unreasonably low under the circumstances presented in this matter. The court additionally found that the reserves set by the carrier at $55,000.00 was not inadequate under the circumstances presented. It was additionally held by the court that the carrier’s investigation, which included an IME, was also not inadequate. With regards to any delays in the matter, the court noted that the delays were attributable to the insured and not the carrier.

As such, the carrier's Motion for Partial Summary Judgment on the bad faith claim was granted.

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

I send thanks to Attorney Joseph Hudock of the Pittsburgh law firm of Summers, McDonnell, Hudock, Guthrie and Rauch, P.C. for bringing this case to my attention.

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