Tuesday, December 14, 2021

No Bad Faith Claim Exists Where No Breach of Contract Claim Exists

In the case of Moses Taylor Foundation v. Coverys & Proselect Ins. Co., No. 3:20-CV-00990 (M.D. Pa. Nov. 22, 2021 Wilson, J.), the court granted a Motion to Dismiss an Amended Complaint in a case involving allegations of breach of contract and bad faith.

This court had previously dismissed the contract and bad faith claims in the first Complaint filed by the Plaintiff and allowed leave to amend. Here, the court again finds that there was no valid breach of contract claim and further ruled that, in the absence of an underlying predicate contract claim, there was no valid bad faith claim.

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

I send thanks to Attorney Lee Applebaum of the Philadelphia law office of Fineman Krekstein & Harris for bringing this case to my attention through his excellent Pennsylvania New Jersey Insurance Bad Faith Case Law blog.

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