Friday, April 10, 2020

The Case of the Missing Email

In the case of Live Face On Web, LLC v. Merchants Insurance Group, No. 2:19-CV-00528-JDW (E.D. Pa. April 1, 2020 Wolfson, J.), the court addressed cross motions for summary judgment on claims involving request for declaratory judgment, breach of contract, statutory bad faith, negligence, and vicarious liability law.

This case was filed under allegations that an insured requested that a vehicle be added to an insurance policy and that the insurance agent failed to notify the carrier of the same. According to the Opinion, the insurance agent denied ever receiving the emailed request from the insured to add the vehicle.  The Court opened the Opinion by call this "the case of the missing email."

The claims against the carrier in this matter included claims of bad faith violations of the Unfair Insurance Practices Act and vicarious liability with regards to the insurance agent’s alleged negligence.

The court granted summary judgment on all claims except for the negligence claim. Notably, Judge Wolfson reaffirmed the rule of law that there is no private right of action against the carrier under the Unfair Insurance Practices Act.

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

I send thanks to Attorney Brigid Q. Alford of the Camp Hill, PA office of Marshall Dennehey for bringing this case to my attention.

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