Monday, December 6, 2021

Remand to State Court on Regular Use Exclusion Issue Denied

In the case of Dayton v. The Auto Ins. Co. of Hartford, Conn., No. CV-3:20-1833 (M.D. Pa. Nov. 5, 2021 Mannion, J.), the federal court applied the Reifer factors and refused to remand this automobile insurance coverage action involving a dispute over the application of the regular use exclusion relative to the Plaintiff’s underinsured motorist coverage. 

The court found that, as of the date of its decision in this case, the law of Pennsylvania and regular use exclusion appeared to be settled and, as such, this issue did not constitute a reason in support of remanding the matter to the state court.
Judge Malachy E. Mannion
Federal Middle District Court of PA

Judge Malachy E. Mannion otherwise granted the Defendant’s carrier’s Motion to Dismiss the Complaint for failing to plead specific facts sufficient to make out a plausible bad faith claim. The court did allow the Plaintiff an opportunity to file an Amended Complaint.

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

I send thanks to Attorney Lee Applebaum of the Philadelphia law firm of Fineman Krekstein & Harris, and also the writer of the excellent Pennsylvania and New Jersey Insurance Bad Faith Case Law blog, for bringing this decision to my attention.  Lee's excellent Blog on bad faith cases can be viewed HERE.

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